Lucindo Mazariegos-Herrera v. Eric H. Holder, Jr., No. 13-1475 (8th Cir. 2013)
Annotate this CaseCourt Description: Petition for Review - immigration. We lack jurisdiction to review the determination that the asylum application of petitioner and his derivative beneficiaries was barred as untimely filed. The denial of asylum as to Leiva Masariegos and the denial of withholding of removal as to all petitioners was supported by substantial evidence.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1475 ___________________________ Lucindo A. Mazariegos-Herrera; Daisy Mabel Mazariegos; Jason J.A. Mazariegos-Garcia; Benjamin Leiva Masariegos lllllllllllllllllllllPetitioners v. Eric H. Holder, Jr., Attorney General of United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: November 20, 2013 Filed: December 5, 2013 [Unpublished] ____________ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Lucindo Mazariegos-Herrera, his wife Daisy Mazariegos, his son Jason Mazariegos-Garcia, and his uncle Benjamin Leiva Masariegos, citizens of Guatemala, petition for review of an order of the Board of Immigration Appeals (BIA) affirming an immigration judge s denial of their renewed and consolidated applications for asylum and withholding of removal. We lack jurisdiction to review the BIA s determination that the asylum application of Mazariegos-Herrera and his derivative beneficiaries was barred as untimely filed. See 8 U.S.C. ยง 1158(a)(3); Ngure v. Ashcroft, 367 F.3d 975, 988 89 (8th Cir. 2004). After careful review, we conclude that the BIA s denial of asylum as to Leiva Masariegos and its denial of withholding of removal as to all petitioners was supported by substantial evidence on the record as a whole. See Cubillos v. Holder, 565 F.3d 1054, 1056 (8th Cir. 2009) (standard of review for denial of asylum); Menjivar v. Gonzales, 416 F.3d 918, 920 22 (8th Cir. 2005) (standard of review for denial of withholding of removal; discussing unwilling or unable to control standard for non-governmental persecution). Accordingly, we deny the petition for review. See 8th Cir. R. 47B. ______________________________ -2-
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