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United States Court of Appeals, Eighth Circuit.

Nicolas ESCOBAR-TEJADA Petitioner v. William P. BARR, Attorney General of the United States Respondent

No. 19-2599

Decided: March 20, 2020

Before GRUENDER, BEAM, and SHEPHERD, Circuit Judges. Jamie B. Naini, Pro Se Carl H. McIntyre, Matthew Allan Spurlock, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent


Nicolas Escobar-Tejada, a citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals upholding an immigration judge’s denial of asylum and withholding of removal.

Upon careful consideration, we conclude that substantial evidence supports the agency’s determination that Escobar-Tejada was not entitled to asylum because he did not establish past persecution or a well-founded fear of persecution on account of a protected ground. See Mayorga-Rosa v. Sessions, 888 F.3d 379, 382 (8th Cir. 2018) (standard of review). Having failed to satisfy his burden of proof for his asylum claim, Escobar-Tejada has necessarily failed to satisfy the more rigorous standard for withholding of removal. See Al Tawm v. Ashcroft, 363 F.3d 740, 744 (8th Cir. 2004). We find no other basis for granting the petition.

Accordingly, the petition for review is denied. See 8th Cir. R. 47B.


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