Maria Lastor-Toj v. Loretta E. Lynch, No. 16-3681 (8th Cir. 2017)

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Court Description: Per Curiam - Before Colloton, Murphy and Kelly, Circuit Judges] Petition for Review - Immigration. Substantial evidence supports the agency's determinations that petitioner did not suffer past persecution by persons whom the Guatemalan government was unwilling or unable to control and that she failed to prove a well-founded fear of future persecution in Guatemala. [ August 02, 2017

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3681 ___________________________ Maria Laura Lastor-Toj, lllllllllllllllllllllPetitioner, v. Jefferson B. Sessions, III,1 Attorney General of the United States, lllllllllllllllllllllRespondent. ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: July 31, 2017 Filed: August 3, 2017 [Unpublished] ____________ Before COLLOTON, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. 1 Jefferson B. Sessions, III 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). Guatemalan citizen Maria Laura Lastor-Toj petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from the decision of an immigration judge denying her asylum and withholding of removal.2 Upon careful review, we conclude that substantial evidence supports the agency’s underlying determinations that (1) the discrimination and harassment Lastor-Toj suffered in Guatemala did not rise to the level of past persecution by persons whom the Guatemalan government was unwilling or unable to control; and (2) Lastor-Toj failed to prove a well-founded fear of future persecution in Guatemala. See Makatengkeng v. Gonzales, 495 F.3d 876, 885 (8th Cir. 2007). The petition for review is denied. See 8th Cir. R. 47B. ______________________________ 2 Lastor-Toj does not challenge the denial of her request for protection under the Convention Against Torture. -2-

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