Felix Cruz-Perez v. Loretta E. Lynch

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith [4289843-2] Denying petition for review., (UNPUBLISHED) [4371417] [15-2380]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2380
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Felix De La Cruz-Perez
lllllllllllllllllllllPetitioner
v.
Loretta E. Lynch, Attorney General of the United States
lllllllllllllllllllllRespondent
____________
Petition for Review of an Order of the
Board of Immigration Appeals
____________
Submitted: February 23, 2016
Filed: February 26, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.
Guatemalan citizen Felix De La Cruz-Perez petitions for review of an order of
the Board of Immigration Appeals dismissing his appeal from the decision of an
immigration judge denying him withholding of removal and protection under the

Appellate Case: 15-2380

Page: 1

Date Filed: 02/26/2016 Entry ID: 4371417

Convention Against Torture.1 After careful consideration, we conclude that
substantial evidence on the record as a whole supports the finding that Cruz-Perez
failed to show (1) a clear probability that his life or freedom would be threatened in
Guatemala on account of any statutorily protected ground, see Davila-Mejia v.
Mukasey, 531 F.3d 624, 627, 629 (8th Cir. 2008); or (2) that it is more likely than not
that he would be tortured if he were removed to Guatemala, see De Castro-Gutierrez
v. Holder, 713 F.3d 375, 381-82 (8th Cir. 2013). Accordingly, we deny the petition
for review. See 8th Cir. R. 47B.
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1

The ruling regarding denial of asylum is not before us. See Goromou v.
Holder, 721 F.3d 569, 576 (8th Cir. 2013).
-2-

Appellate Case: 15-2380

Page: 2

Date Filed: 02/26/2016 Entry ID: 4371417