Cesar Chali-Alvarez v. Eric H. Holder, Jr.

356 F. App'x 888

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 14, 2009
• Docket: 08-3531
• Status: Unpublished

Opinion

PER CURIAM.

Cesar Chali-AIvarez and Timotea Rodriguez-Smith, natives and citizens of Guatemala, petition for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s denial of asylum and cancellation of removal. 2 Because substantial evidence supports the BIA’s determination that petitioners were not subjected to past persecution and do not have a well-founded fear of future persecution in Guatemala, we deny review of petitioners’ asylum claims. See Khrystoto-dorov v. Mukasey, 551 F.3d 775, 781 (8th Cir.2008) (standard of review); Malonga v. Mukasey, 546 F.3d 546, 552 (8th Cir.2008) (defining persecution); Melecio-Saquil v. Ashcroft, 337 F.3d 983, 986-87 (8th Cir.2003) (changed country conditions in Guatemala after 1996 peace accords). Because this court lacks jurisdiction to review the BIA’s determination that Chali-AIvarez failed to prove his removal would cause an exceptional and extremely unusual hardship to his children, under 8 U.S.C. § 1229b(b)(l)(D), we also deny review of his claim for cancellation of removal. See Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 434 (8th Cir.2007) (standard of review).

Accordingly, the petition for review is denied.

2 . Petitioners do not challenge the denial of withholding of removal. See Averianova v. Mukasey, 509 F.3d 890, 892 n. 1 (8th Cir.2007) (aliens waived claim by failing to present argument on appeal).