Amilcar Nicolas Calderon-Lopez v. Eric H. Holder, Jr.

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-1402
___________
Francisco Orlando Saldana-Quinones; *
Elsa Mendez-Roca, *
*
Petitioners, * Petition for Review of
* an Order of the Board
v. * of Immigration Appeals.
*
Eric H. Holder, Jr., Attorney General * [UNPUBLISHED]
of the United States, *
*
Respondent. *
___________
Submitted: September 14, 2010
Filed: September 17, 2010
___________
Before LOKEN, MURPHY, and BENTON, Circuit Judges.
___________
PER CURIAM.
Guatemalan citizens Francisco Orlando Saldana-Quinones and Elsa Mendez-
Roca petition for review of an order of the Board of Immigration Appeals that
affirmed an immigration judge’s denial of asylum and withholding of removal. We
lack jurisdiction to review the determination that petitioners’ asylum applications were
barred as untimely filed. See 8 U.S.C. § 1158(a)(3); Ngure v. Ashcroft, 367 F.3d 975,
989 (8th Cir. 2004). After careful review, we conclude the denial of withholding of
removal is supported by substantial evidence in the record because petitioners did not
meet their burden to show a “clear probability” that they would face persecution on

-- 1 of 2 --

-2-
account of a protected ground if they are returned to Guatemala. See Ming Ming
Wijono v. Gonzales, 439 F.3d 868, 872, 874 (8th Cir. 2006) (standard of review);
Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 433-34 (8th Cir. 2007) (persecution
must be on account of protected ground); Bartolo-Diego v. Gonzales, 490 F.3d 1024,
1027-28 (8th Cir. 2007) (same).
Accordingly, we deny the petition.
______________________________

-- 2 of 2 --