Tomas Tarce v. Michael B. Mukasey , 309 F. App'x 75 ( 2009 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 08-1433
    ___________
    Tomas Xorxe Tarce,                   *
    *
    Petitioner,            *
    * Petition for Review
    v.                            * of an Order of the
    * Board of Immigration Appeals.
    1
    Mark Filip, Acting Attorney General *
    of the United States,                * [UNPUBLISHED]
    *
    Respondent.            *
    ___________
    Submitted: January 30, 2009
    Filed: February 4, 2009
    ___________
    Before RILEY, SMITH, and BENTON, Circuit Judges.
    ___________
    PER CURIAM.
    Guatemalan citizen Tomas Tarce petitions for review of an order of the Board
    of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ’s) denial of his
    application for asylum, withholding of removal, and relief under the Convention
    Against Torture (CAT).
    1
    Mark Filip has been appointed to serve as Acting Attorney General, and is
    substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c).
    After careful review of the record, we conclude the decision of the IJ and the
    BIA--that Tarce failed to establish either past persecution or a well-founded fear of
    future 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); see also Quomsieh v. Gonzales, 
    479 F.3d 602
    ,
    605 (8th Cir. 2007) (when BIA adopts IJ’s decision and adds its own reasoning, this
    court reviews both decisions together). Because Tarce alleged the same factual basis
    for all his claims, the conclusions that support the denial of his asylum claim also
    support the denial of his withholding-of-removal and CAT claims. See Samedov v.
    Gonzales, 
    422 F.3d 704
    , 708-09 (8th Cir. 2005).
    Accordingly, we deny the petition.
    ______________________________
    -2-