Francisca Batz-Vicente v. Eric Holder, et al, No. 08-3437 (8th Cir. 2009)

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Court Description: Petition for Review - Immigration. Substantial evidence supported the BIA's determination that petitioner had not established past persecution or a well-founded fear of future persecution on a protected ground.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3437 ___________ Francisca Batz-Vicente, * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. Eric Holder, Attorney General of the * United States; Janet Napolitano, * Secretary of the Department of * [UNPUBLISHED] Homeland Security, * * Respondents. * ___________ Submitted: December 2, 2009 Filed: December 9, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Guatemalan citizen Francisca Batz-Vicente petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge s denial of asylum and withholding of removal.1 We conclude substantial evidence supports the BIA s determination that Batz-Vicente did not meet her burden of proof 1 Batz-Vicente does not challenge the denial of relief under the Convention Against Torture. for asylum because she did not establish either past persecution or a well-founded fear of future persecution on account of a protected ground. See Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir. 2008) (standard of review); Makatengkeng v. Gonzales, 495 F.3d 876, 883 (8th Cir. 2007); Ahmed v. Ashcroft, 396 F.3d 1011, 1014-15 (8th Cir. 2005). Because Batz-Vicente failed to meet the lower burden of proof on her asylum claim, her claim for withholding of removal must fail as well. See Gitimu v. Holder, 581 F.3d 769, 774 (8th Cir. 2009). Accordingly, we deny the petition. ______________________________ -2-

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