Djibril Bah-Traore v. Eric H. Holder, Jr., No. 13-1046 (8th Cir. 2013)

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Court Description: Civil Case - civil rights. When appeal was filed, claims were pending in the district court and thus this court lacks jurisdiction. Entry on final judgment later does not save the appeal.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1046 ___________________________ Djibril Djamil Bah-Traore lllllllllllllllllllllPetitioner v. Eric H. Holder, Jr., Attorney General of United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: September 6, 2013 Filed: September 12, 2013 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Togolese citizen Djibril Bah-Traore petitions for review of an order of the Board of Immigration Appeals (BIA), which upheld an immigration judge s decision denying him asylum, withholding of removal, and relief under the Convention Against Torture (CAT). After careful review, we find no basis for granting the petition, as the BIA s denial of relief was supported by substantial evidence on the record as a whole. See Cubillos v. Holder, 565 F.3d 1054, 1056-58 (8th Cir. 2009) (applying substantial-evidence standard for BIA decision and holding denial of asylum dictates same outcome on withholding-of-removal claim based on same underlying factual allegations); Guled v. Mukasey, 515 F.3d 872, 882 (8th Cir. 2008) (holding separate analysis under CAT is required only when there is evidence alien may be tortured for reasons unrelated to his claims for asylum and withholding of removal). Accordingly, we deny the petition for review. See 8th Cir. R. 47B. ______________________________ -2-

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