U.S. Court of Appeals for the Eighth Circuit, 2021

Ana Lissette Lemus-Carpio v. William P. Barr

Ana Lissette Lemus-Carpio v. William P. Barr
U.S. Court of Appeals for the Eighth Circuit · Decided January 20, 2021

Ana Lissette Lemus-Carpio v. William P. Barr

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2104 ___________________________ Ana Lissette Lemus-Carpio Petitioner v. Jeffrey A. Rosen, Acting Attorney General of the United States 1 Respondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: January 14, 2021 Filed: January 20, 2021 [Unpublished] ____________ Before LOKEN, BENTON, and ERICKSON, Circuit Judges. ____________ PER CURIAM.

Salvadoran citizen Ana Lissette Lemus-Carpio petitions for review of an order of the Board of Immigration Appeals, which dismissed her appeal from the decision

Jeffrey A. Rosen has been appointed to serve as Acting Attorney General of the United States and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). of an immigration judge denying her asylum and withholding of removal. 2 Having jurisdiction under 8 U.S.C. § 1252, this court denies the petition.

This court concludes that substantial evidence supports the agency’s determination that Lemus-Carpio was not eligible for asylum, because she did not establish a well-founded fear of persecution on account of a protected ground. See Kanagu v. Holder, 781 F.3d 912, 916 (8th Cir. 2015) (standard of review); Litvinov v. Holder, 605 F.3d 548, 553 (8th Cir. 2010) (asylum requirements). Substantial evidence also supports the agency’s conclusion that Lemus-Carpio was not eligible for withholding-of-removal relief. See Guled v. Mukasey, 515 F.3d 872, 881-82 (8th Cir. 2008) (alien who does not meet standard for asylum cannot meet more rigorous clear probability standard for withholding of removal).

The petition for review is denied. See 8th Cir. R. 47B. ______________________________

The denial of voluntary departure is not before this panel. See Chay- Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004) (claim not raised in opening brief is waived). -2-

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