T. Domingo-Felipe v. Alberto Gonzales , 184 F. App'x 589 ( 2006 )


Menu:
  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 05-1721
    ___________
    Toledo Domingo-Felipe,                *
    *
    Petitioner,              *
    * Petition for Review of
    v.                              * an Order of the
    * Board of Immigration Appeals.
    Alberto Gonzales, Attorney General of *
    the United States; Department of      * [UNPUBLISHED]
    Homeland Security,                    *
    *
    Respondents.             *
    ___________
    Submitted: June 14, 2006
    Filed: June 19, 2006
    ___________
    Before ARNOLD, BYE, and SMITH, Circuit Judges.
    ___________
    PER CURIAM.
    Guatemalan citizen Toledo Domingo-Felipe petitions for review of an order of
    the Board of Immigration Appeals (BIA), which summarily affirmed an Immigration
    Judge’s (IJ’s) denial of asylum and withholding of removal.1
    1
    The IJ’s decision, therefore, constitutes the final agency determination for
    purposes of judicial review. See Kimumwe v. Gonzales, 
    431 F.3d 319
    , 322 (8th Cir.
    2005).
    After careful review of the record, we conclude the IJ’s decision, that Domingo-
    Felipe failed to establish either past persecution or a well-founded fear of persecution
    on account of a protected ground, is supported by substantial evidence in the record
    as a whole. See Eta-Ndu v. Gonzales, 
    411 F.3d 977
    , 982-83 (8th Cir. 2005) (standard
    of review). Because Domingo-Felipe failed to meet the burden of proof on his asylum
    claim, his application for withholding of removal necessarily fails as well. See Turay
    v. Ashcroft, 
    405 F.3d 663
    , 667 (8th Cir. 2005) (withholding-of-removal standard is
    more rigorous than asylum standard).
    Accordingly, we deny the petition.
    ______________________________
    -2-