United States v. Christopher Lee

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-3000
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Erick Rocael Garcia Olivares, *
*
Petitioner, *
* Petition for Review of an
v. * Order of the Board of
* Immigration Appeals.
Alberto Gonzales, *
* [UNPUBLISHED]
Respondent. *
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Submitted: September 7, 2007
Filed: September 13, 2007
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Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Guatemalan citizen Erick Garcia Olivares petitions for review of an order of the
Board of Immigration Appeals (BIA) which affirmed an Immigration Judge’s (IJ’s)
denial of asylum, withholding of removal, and relief under the Convention Against
Torture (CAT).
After careful review of the record, we conclude the decision of the IJ and the
BIA--that Olivares 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,

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-2-
605 (8th Cir. 2007) (when BIA adopts IJ’s decision and adds its own reasoning, this
court reviews both decisions together). Because Olivares alleged the same factual
basis for all his claims, the conclusions that support the denial of his asylum and
withholding-of-removal claims also support the denial of his CAT claim. See
Samedov v. Gonzales, 422 F.3d 704, 708-09 (8th Cir. 2005).
Accordingly, we deny the petition.
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