[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 18

- 15146 Non

- Argument Calendar

________________________

Agency No. A206

- 494

- 842

BEYSI ROSSIBEL MEJIA

- GARCIA, HECTOR JOSE SAUCEDA

- MEJIA, Petitioners,

versus U.S. ATTORNEY GENERAL, Respondent.

________________________ Petition for Review of a Decision of the Board of Immigration Appeals

________________________ ( September 13, 2019 ) Before MARCUS , WILLIAM PRYOR and ROSENBAUM , Circuit Judges. PER CURIAM: Beysi Rossibel Mejia

- Garcia , a native and citizen of Honduras, and her son , as her derivative beneficiary , petition for review of the final order that affirmed the

Case: 18-15146 Date Filed: 09/13/2019 Page: 1 of 42 denial of her application for asylum under the Immigration and Nationality Act

. 8 U.S.C. § 1158(a) . Mejia

- Garcia also applied for withholding of removal and for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment , see id. §§ 1158(a), 1231(b)(3), but she has abandoned any challenge that she could have ma d e to the denial of those forms of immigration relief

. See Cole v. U.S. Att ’ y Gen. , 712 F.3d 517, 530 (11th Cir. 2013)

. Mejia

- Garcia argues that the Board of Appeals erred i n ruling that defects in her initial notice to appear did not deprive the immigration judge of jurisdiction over her removal proceedings

. See Pereira v. Sessions , 138 S. Ct. 2105 (2018)

. M e jia

- Garcia also challenges the finding of the immigration judge that she was not credible and t h e alternative finding that she lacked a well

- founded fear of future persecution. While Mejia

- Garcia’s petition was pending, we held in Perez

Sanchez v. United States Attorney General , No. 18

- 12578 , 2019 WL 3940873 , at *1 (11th Cir. Aug. 21, 2019) , that def ec t s in a notice to appear do not affect the jurisdiction of the immigration judge and the Board to conduct removal proceedings

. Because the immigration judge had the authority to adjudicate Mejia

Garcia’s application and because substantial evidence support s the adverse credibility ruling, we d en y the petition for review. Our decision in Perez

- Sanchez forecloses Mejia

- Garcia’s argument that the immigration judge lacked j urisdiction over her removal proceedings . In Perez

Case: 18-15146 Date Filed: 09/13/2019 Page: 2 of 43 Sanchez , we hel d that the requirement for a notice to appear to specify the time and place of a removal hearing , 8 U.S.C. § 1229(a)(1); 8 C.F.R. § 1003.14, is a claim

processing rule that, even when violated , d oes not prevent an immigration judge and the Board of Immigration Appeals from “properly exercis[ing] jurisdiction over [the alien’s] removal hearing based on the authority conferred upon them by 8 U.S.C. § 1229a(a)(1)” and entering a “valid fin al order of removal.” 2019 WL 3940873 at *3

– 7. In any event, a fter Mejia

- Garcia received a notice to appear containing the date and time of her removal hearing , 8 U.S.C. § 1229(a)(1), s he succeeded in having her removal proceedings reopened and the in absentia order rescinded

. Mejia

- Garcia then file d he r application for immigration relief

. So n o defect existed in the notice to appear that resulted in the final order of r emov al that Mejia

- Garcia challenges in her petition for review

. Substantial evidence supports the finding that Mejia

- Garcia was not credible, and the Board of Immigration Appeals identified specific and cogent reasons to support that finding. See Carrizo v. U.S. Att’y Gen. , 652 F.3d 1326, 1332 (11th Cir. 2011). Mejia

- Garcia based her application on the murder of her

son ’s father, Sauceda Tejada , by men who mis identified him as a relat iv e o f three brothers with the surname Rivera , but there were inconsistencies in Mejia

- Garcia’s testimony and her corroborating ev idence regarding Tejada ’s death

. Mejia

- Garcia testifie d that corrupt Honduran police officers kill ed Tejada a n d the three brothers

Case: 18-15146 Date Filed: 09/13/2019 Page: 3 of 44 in the mistaken belief that they were member s of the Rivera gang , but later Mejia

Garcia testified that the Rivera gang killed Tejada a nd the three brothers because th e y had the same surname as the gang . Although Mejia

- Garcia submitted a sworn statement from an aunt who alleged ly warned her to flee Honduras , t he aunt’s statement that Tejada was “murdered along with his three brothers” was inconsistent with Mejia

- Garcia’s testimony that Tejada was not related to the three other men who were killed. Because substantial evidence supports the adverse credibility finding, we need not address Mejia

- Garcia’s other argument about her eligibility for asylum. We DENY Mejia

- Garcia’s petition for review. Case: 18-15146 Date Filed: 09/13/2019 Page: 4 of 4