U.S. Court of Appeals for the Eighth Circuit, 2009

Wilian Barrientos-Ayala v. Michael B. Mukasey

Wilian Barrientos-Ayala v. Michael B. Mukasey
U.S. Court of Appeals for the Eighth Circuit · Decided December 8, 2009 · Wollman, Riley, Smith
355 F. App'x 85

Wilian Barrientos-Ayala v. Michael B. Mukasey

Opinion

PER CURIAM.

Guatemalan citizen Wilian BarrientosAyala petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s denial of cancellation of removal and relief under the Convention Against Torture (CAT). We conclude substantial evidence supports the BIA’s determination that Barrientos-Ayala did not meet his burden of proof for CAT relief. See 8 C.F.R. §§ 1208.16(c), 1208.18(a) (CAT eligibility requirements); Marroquin-Ochoma v. Holder, 574 F.3d 574, 579-80 (8th Cir. 2009). As to cancellation of removal, we lack jurisdiction to review the BIA’s discretionary determination—made by applying the correct legal standard—that Barrientos-Ayala failed to prove his removal would cause an exceptional and extremely unusual hardship to his qualifying relatives under 8 U.S.C. § 1229b(b)(l)(D). See Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 434 (8th Cir. 2007).

Accordingly, we deny the petition for review.

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