Shirley Walker v. Arkansas Dept. of Correction

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).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-3127
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Wilian Rene Barrientos-Ayala, *
*
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of the United States, * [UNPUBLISHED]
*
Respondent. *
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Submitted: December 3, 2009
Filed: December 8, 2009
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Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
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PER CURIAM.
Guatemalan citizen Wilian Barrientos-Ayala petitions for review of an order of
the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s
denial of cancellation of removal and relief under the Convention Against Torture
(CAT). We conclude substantial evidence supports the BIA’s determination that
Barrientos-Ayala did not meet his burden of proof for CAT relief. See 8 C.F.R.

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§§ 1208.16(c), 1208.18(a) (CAT eligibility requirements); Marroquin-Ochoma v.
Holder, 574 F.3d 574, 579-80 (8th Cir. 2009). As to cancellation of removal, we lack
jurisdiction to review the BIA’s discretionary determination--made by applying the
correct legal standard--that Barrientos-Ayala failed to prove his removal would cause
an exceptional and extremely unusual hardship to his qualifying relatives under 8
U.S.C. § 1229b(b)(1)(D). See Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 434
(8th Cir. 2007).
Accordingly, we deny the petition for review.
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