Rember Sierra v. Eric H. Holder, Jr., No. 10-3728 (8th Cir. 2011)

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Court Description: Petition for Review - Immigration. Court lacked jurisdiction to review determination that asylum application was barred as untimely; the denials of withholding of removal and CAT relief were supported by substantial evidence.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3728 ___________ Rember Sierra, * * Petitioner, * * 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 Eric H. Holder, Jr., Attorney General * of the United States, * [UNPUBLISHED] * Respondent.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: August 8, 2011 Filed: August 11, 2011 ___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Honduran citizen Rember Sierra petitions for review of an order of the Board of Immigration Appeals that affirmed an immigration judge s denial of asylum, withholding of removal, and relief under the Convention Against Torture. We lack jurisdiction to review the determination that the asylum application was barred as untimely filed. See 8 U.S.C. ยง 1158(a)(3); Ngure v. Ashcroft, 367 F.3d 975, 989 (8th Cir. 2004). After careful review, we conclude the denial of withholding of removal and denial of CAT relief are supported by substantial evidence in the record. See Wijono v. Gonzales, 439 F.3d 868, 872 (8th Cir. 2006) (standard of review). Accordingly, we deny the petition. ______________________________

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