Cristobal Herrera v. Eric H. Holder, Jr.


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Steven M. Colloton (UNPUBLISHED) [3950560] [11-3692]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 11-3692 ___________________________ Cristobal Herrera lllllllllllllllllllllPetitioner v. Eric H. Holder, Jr., Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: September 4, 2012 Filed: September 7, 2012 [Unpublished] ____________ LOKEN, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Cristobal Herrera, a citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming an immigration judge’s denial of asylum, withholding of removal, and cancellation of removal. After careful review, we conclude that the denials of asylum and withholding of removal are supported by Appellate Case: 11-3692 Page: 1 Date Filed: 09/07/2012 Entry ID: 3950560 substantial evidence on the administrative record as a whole. See Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir. 2008). We lack jurisdiction to review the BIA’s discretionary decision denying cancellation of removal because Herrera failed to show that removal would result in exceptional and extremely unusual hardship to his children. See Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 434 (8th Cir. 2007). Accordingly, we deny the petition for review. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 11-3692 Page: 2 Date Filed: 09/07/2012 Entry ID: 3950560

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