Leonardo Ciprian-Pablo v. Eric H. Holder, Jr., No. 13-2199 (8th Cir. 2014)

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Court Description: Petition for review - Immigration. Order denying withholding of removal affirmed as the record supported the BIA's determination that petitioner failed to establish a clear probability of persecution in Guatemala on account of a protected ground.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2199 ___________________________ Leonardo Ciprian-Pablo lllllllllllllllllllllPetitioner v. Eric H. Holder, Jr., Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: January 31, 2014 Filed: February 5, 2014 [Unpublished] ____________ Before WOLLMAN, MURPHY, and SMITH, Circuit Judges. ____________ PER CURIAM. Guatemalan citizen Leonardo Ciprian-Pablo petitions for review of an order of the Board of Immigration Appeals (BIA), which upheld an immigration judge s denial of withholding of removal.1 After carefully reviewing the BIA s conclusions of law de novo, and its factual determinations under the substantial-evidence standard, we find no basis for reversal. See De Castro-Gutierrez v. Holder, 713 F.3d 375, 379 (8th Cir. 2013) (standards of review). We agree with the BIA s determination that Ciprian-Pablo failed to establish a clear probability of persecution in Guatemala on account of a protected ground. Cf. Matul-Hernandez v. Holder, 685 F.3d 707, 712-13 (8th Cir. 2012) (agreeing with BIA that the group Guatemalans returning from the United States who are perceived as wealthy is not particular social group within meaning of immigration laws; upholding denial of relief where petitioner presented no evidence that his uncle s kidnapping, and related ransom request, were at all related to fact that petitioner s uncle was visiting from United States). Accordingly, we deny the petition for review. See 8th Cir. R. 47B. ______________________________ 1 Ciprian-Pablo was also denied asylum, but he does not address this claim in his brief. See Chay-Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004) (petitioner waives claim that is not meaningfully raised in opening brief). -2-

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