United States v. Armendariz Alexander

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).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1433
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Tomas Xorxe Tarce, *
*
Petitioner, *
* Petition for Review
v. * of an Order of the
* Board of Immigration Appeals.
Mark Filip, 1 Acting Attorney General *
of the United States, * [UNPUBLISHED]
*
Respondent. *
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Submitted: January 30, 2009
Filed: February 4, 2009
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Before RILEY, SMITH, and BENTON, Circuit Judges.
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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).

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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.
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