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Garcia-Gonzalez v. H. Holder

United States Court of Appeals, Eighth Circuit
Oct 21, 2010
397 F. App'x 278 (8th Cir. 2010)

Opinion

No. 09-3744.

Submitted: October 18, 2010.

Filed: October 21, 2010.

Petition for Review of an Order of the Board of Immigration Appeals.

Before MURPHY, BEAM, and BENTON, Circuit Judges.


Guatemalan citizen Carlos Garcia-Gonzalez seeks review of an order of the Board of Immigration Appeals, which affirmed an immigration judge's denial of asylum and withholding of removal. This court concludes that the decision was supported by substantial evidence on the record as a whole. See Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir. 2008) (standard of review); Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 433-34 (8th Cir. 2007) (persecution must be on account of protected ground). This court has previously rejected indistinguishable claims from Guatemalan citizens based on similar facts. See Melecio-Saquil v. Ashcroft, 337 F.3d 983, 985-37 (8th Cir. 2003) (rejecting attempted military recruitment in Guatemala, standing alone, as ground for persecution for political opinion); Dominguez v. Ashcroft, 336 F.3d 678, 680 (8th Cir. 2003) ("An alien must demonstrate that the persecution he fears is based on his political opinion."); Bartolo-Diego v. Gonzales, 490 F.3d 1024, 1027 (8th Cir. 2007) ("As a matter of law, guerilla attempts to forcibly compel a person to join them, absent additional evidence that the conscription was motivated by that person's political opinion, are insufficient to compel a finding of persecution on account of political belief.").

Garcia-Gonzalez's adult children were derivative applicants on his application for asylum and withholding of removal.

Because no error appears, this court denies the petition for review. See 8th Cir. R. 47B.


Summaries of

Garcia-Gonzalez v. H. Holder

United States Court of Appeals, Eighth Circuit
Oct 21, 2010
397 F. App'x 278 (8th Cir. 2010)
Case details for

Garcia-Gonzalez v. H. Holder

Case Details

Full title:Carlos GARCIA-GONZALEZ, Ingrid Garcia-Saquich, and Marvin Garcia-Saquich…

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 21, 2010

Citations

397 F. App'x 278 (8th Cir. 2010)