Francisca Batz-Vicente v. Eric Holder

355 F. App'x 98

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 9, 2009
• Docket: 08-3437
• Status: Unpublished

Opinion

PER CURIAM.

Guatemalan citizen Francisca Batz-Vicente petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s denial of asylum and withholding of removal. 1 We conclude substantial evidence supports the BIA’s determination that Batz-Vicente did not meet her burden of proof for asylum because she did not establish either past persecution or a well-founded fear of future persecution on account of a protected ground. See Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir.2008) (standard of review); Makatengkeng v. Gonzales, 495 F.3d 876, 883 (8th Cir.2007); Ahmed v. Ashcroft, 396 F.3d 1011, 1014-15 (8th Cir.2005). Because Batz-Vicente failed to meet the lower burden of proof on her asylum claim, her claim for withholding of removal must fail as well. See Gitimu v. Holder, 581 F.3d 769, 774 (8th Cir.2009).

Accordingly, we deny the petition.

1 . Batz-Vicente does not challenge the denial of relief under the Convention Against Torture.