Wilian Barrientos-Ayala v. Eric H. Holder, Jr., No. 08-3127 (8th Cir. 2009)
Annotate this CaseCourt Description: Petition for Review - Immigration. Substantial evidence supported the BIA's determination that petitioner did not meet the standards for relief under the Convention Against Torture; court lacked jurisdiction to review the BIA's discretionary determination that petitioner was not entitled to cancellation of removal.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3127 ___________ Wilian Rene Barrientos-Ayala, * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. 1 Eric H. Holder, Jr., Attorney General * of the United States, * [UNPUBLISHED] * Respondent. * ___________ Submitted: December 3, 2009 Filed: December 8, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Guatemalan citizen Wilian Barrientos-Ayala 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. 1 Eric H. Holder, Jr., has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). §§ 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)(1)(D). See Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 434 (8th Cir. 2007). Accordingly, we deny the petition for review. ______________________________ -2-
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