U.S. Court of Appeals for the Eighth Circuit, 2006

T. Domingo-Felipe v. Alberto Gonzales

T. Domingo-Felipe v. Alberto Gonzales
U.S. Court of Appeals for the Eighth Circuit · Decided June 19, 2006 · Arnold, Bye, Per Curiam, Smith
184 F. App'x 589

T. Domingo-Felipe v. Alberto Gonzales

Opinion

PER CURIAM.

Guatemalan citizen Toledo Domingo-Felipe petitions for review of an order of the Board of Immigration Appeals (BIA), which summarily affirmed an Immigration Judge’s (IJ’s) denial of asylum and withholding of removal. 1

After careful review of the record, we conclude the IJ’s decision, that Domingo-Felipe failed to establish either past persecution or a well-founded fear of persecution on account of a protected ground, is supported by substantial evidence in the record as a whole. See Eta-Ndu v. Gonzales, 411 F.3d 977, 982-83 (8th Cir. 2005) (standard of review). Because Domingo-Felipe failed to meet the burden of proof on his asylum claim, his application for withholding of removal necessarily fails as well. See Turay v. Ashcroft, 405 F.3d 663, 667 (8th Cir. 2005) (withholding-of-removal standard is more rigorous than asylum standard).

Accordingly, we deny the petition.

1

. The IJ’s decision, therefore, constitutes the final agency determination for purposes of judicial review. See Kimumwe v. Gonzales, 431 F.3d 319, 322 (8th Cir. 2005).

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