Daniel Marroquin v. Eric H. Holder, Jr., No. 09-2740 (8th Cir. 2010)

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Court Description: Petition for Review - Immigration. Denial of asylum and withholding of removal was supported by substantial evidence.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-2740 ___________ Daniel Rolando Ortega Marroquin, * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. Eric H. Holder, Jr., Attorney General * of the United States, * [UNPUBLISHED] * Respondent. * ___________ Submitted: April 29, 2010 Filed: May 4, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Guatemalan citizen Daniel Marroquin petitions for review of an order of the Board of Immigration Appeals, which affirmed an immigration judge s denial of asylum, withholding of removal, and cancellation of removal. We conclude that the denial of asylum and withholding of removal 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 v. Mukasey, 509 F.3d 429, 433-34 (8th Cir. 2007) (persecution must be on account of protected ground); Bartolo-Diego v. Gonzales, 490 F.3d 1024, 1027-28 (8th Cir. 2007) (same). We deny Marroquin s request to reconsider our prior order dismissing his petition with respect to the denial of cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i) ( no court shall have jurisdiction to review denial of cancellation of removal); Zacarias-Velasquez, 509 F.3d at 434 (whether alien meets exceptionaland-extremely-unusual-hardship threshold is precisely the discretionary determination shielded from our review under § 1252(a)(2)(B)). Accordingly, we deny the petition for review. ______________________________ -2-

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