Wuillmer Arturo Ninrod Sarmiento-Martinez v. U.S. Attorney General

── Wuillmer Arturo Ninrod Sarmiento-Martinez v. U.S. Attorney General ── Court: Court of Appeals for the Eleventh Circuit Date: May 11, 2026 Category: NEW USCA11 Case: 25-11700 Document: 21-1 Date Filed: 05/11/2026 Page: 1 of 11 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11700 Non-Argument Calendar ____________________ WUILLMER ARTURO NINROD SARMIENTO-MARTINEZ, DYLAN ALEXANDER SARMIENTO-RODRIGUEZ, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A216-988-172 ____________________ Before JORDAN, ROSENBAUM, and KIDD, Circuit Judges. PER CURIAM: Wuillmer Arturo Ninrod Sarmiento-Martinez and his minor son petition for review of a decision of the Board of Immigration USCA11 Case: 25-11700 Document: 21-1 Date Filed: 05/11/2026 Page: 2 of 11 2 Opinion of the Court 25-11700 Appeals (“BIA”) denying his motion to reopen his removal pro- ceedings. He argues that the BIA abused its discretion by denying his motion to reopen based on a prior adverse credibility determi- nation, without considering material evidence of changed country conditions in Venezuela. He also contends that the BIA erred in denying sua sponte reopening and terminating proceedings based on his Temporary Protected Status (“TPS”). After careful review, we deny the petition as to the first argument, and we dismiss the petition as to the second argument. I. Sarmiento-Martinez and his son are natives and citizens of Venezuela who entered the United States without inspection on June 15, 2021. In August 2021, the government began proceedings to remove them. Sarmiento-Martinez applied for asylum and with- holding of removal, alleging that he had been persecuted for his membership in a political party, Acción Democrática (Democratic Action), and for protesting the Venezuelan government under then-President Nicolas Maduro. He also sought relief under the Convention Against Torture. After considering Sarmiento-Martinez’s testimony and evi- dence, an immigration judge (“IJ”) denied his claims for relief from removal. The IJ found that Sarmiento-Martinez was not a credible witness, noting that his testimony was vague, internally incon- sistent, and inconsistent with the documentary evidence. Sar- miento-Martinez appealed the IJ’s decision and credibility finding to the BIA, which affirmed without opinion. USCA11 Case: 25-11700 Document: 21-1 Date Filed: 05/11/2026 Page: 3 of 11 25-11700 Opinion of the Court 3 In February 2025, Sarmiento-Martinez filed a motion to re- open his removal proceedings. He argued that the BIA should ex- ercise its sua sponte authority to reopen and terminate his removal proceedings because he and his son had obtained TPS. He also sought to reopen his proceedings based on changed country condi- tions, alleging that the Maduro administration had intensified its mistreatment of the political opposition since the disputed presi- dential election in July 2024. Sarmiento-Martinez attached news articles reflecting that Maduro