Jack Gross v. FBL Financial Services

1Eric H. Holder, Jr. has been appointed to serve as Attorney General of the
United States, and is substituted as respondent pursuant to Federal Rule of Appellate
Procedure 43(c).
2Janet Napolitano has been appointed to serve as Secretary of the Department
of Homeland Security, 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. 08-2880
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Juan Mendoza-Mejia, *
*
Petitioner, *
* Petition for Review of
v. * an Order of the Board
* of Immigration Appeals.
Eric H. Holder, Jr., 1 Attorney General of *
the United States; Janet Napolitano,2 * [UNPUBLISHED]
Secretary of the Department of *
Homeland Security, *
*
Respondents. *
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Submitted: October 29, 2009
Filed: November 3, 2009
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Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
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PER CURIAM.

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-2-
Juan Mendoza-Mejia, a citizen of Guatemala, petitions for review of an order
of the Board of Immigration Appeals. Because substantial evidence supports the
Board’s determination that Mendoza-Mejia was not subjected to past persecution and
does not have a well-founded fear of future persecution in Guatemala, we deny review
of Mendoza-Mejia’s claims for asylum, withholding of removal, and relief under the
Convention Against Torture. See Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 432-
34 (8th Cir. 2007); Gitimu v. Holder, 2009 WL 2998097, at *5 (8th Cir. Sept. 22,
2009). Because this court lacks jurisdiction to review the Board’s determination that
Mendoza-Mejia failed to prove his removal would cause an exceptional and extremely
unusual hardship to his spouse or child under 8 U.S.C. § 1229b(b)(1)(D), we also deny
review of his claim for cancellation of removal. See Zacarias-Velasquez, 509 F.3d at
434. Accordingly, Mendoza-Mejia’s petition is denied.
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