Opinion
No. 08-3531.
Submitted: November 6, 2009.
Filed: December 14, 2009.
Petition for Review of an Order of the Board of Immigration Appeals.
Cesar Chali-Alvarez, Los Angeles, CA, pro se.
Timotea Rodriguez-Smith, Los Angeles, CA, pro se.
Allen Warren Hausman, U.S. Department of Justice, Washington, DC, for Respondent.
Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
[UNPUBLISHED]
Cesar Chali-Alvarez and Timotea Rodriguez-Smith, natives and citizens of Guatemala, petition for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge's denial of asylum and cancellation of removal. Because substantial evidence supports the BIA's determination that petitioners were not subjected to past persecution and do not have a well-founded fear of future persecution in Guatemala, we deny review of petitioners' asylum claims. See Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir. 2008) (standard of review); Malonga v. Mukasey, 546 F.3d 546, 552 (8th Cir. 2008) (defining persecution); Melecio-Saquil v. Ashcroft, 337 F.3d 983, 986-87 (8th Cir. 2003) (changed country conditions in Guatemala after 1996 peace accords). Because this court lacks jurisdiction to review the BIA's determination that Chali-Alvarez failed to prove his removal would cause an exceptional and extremely unusual hardship to his children, under 8 U.S.C. § 1229b(b)(1)(D), we also deny review of his claim for cancellation of removal. See Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 434 (8th Cir. 2007) (standard of review).
Petitioners do not challenge the denial of withholding of removal. See Averianova v. Mukasey, 509 F.3d 890, 892 n. 1 (8th Cir. 2007) (aliens waived claim by failing to present argument on appeal).
Accordingly, the petition for review is denied.