Carlos Garcia-Gonzalez, et al v. Eric H. Holder, Jr., No. 09-3744 (8th Cir. 2010)
Annotate this CaseCourt Description: Petition for Review - Immigration. Decision to deny asylum and withholding of removal was supported by substantial evidence on the record as a whole.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3744 ___________ Carlos Garcia-Gonzalez, Ingrid Garcia- * Saquich, and Marvin Garcia-Saquich, * * Petitioners, * * Petition for Review of an v. * Order of the Board of * Immigration Appeals. Eric H. Holder, Jr., Attorney * General of the United States, * [UNPUBLISHED] * Respondent. * ___________ Submitted: October 18, 2010 Filed: October 21, 2010 ___________ Before MURPHY, BEAM, and BENTON, Circuit Judges. ___________ PER CURIAM. Guatemalan citizen Carlos Garcia-Gonzalez1 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 1 Garcia-Gonzalez s adult children were derivative applicants on his application for asylum and withholding of removal. 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, 985-87 (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. ). Because no error appears, this court denies the petition for review. See 8th Cir. R. 47B. ___________________________ -2-
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