Hector Morales-Tigu v. Jefferson B. Sessions, III

United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1697 ___________________________ Hector Morales-Tigu lllllllllllllllllllllPetitioner v. Jefferson B. Sessions, III, Attorney General of United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: February 6, 2018 Filed: February 13, 2018 [Unpublished] ____________ Before GRUENDER, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Guatemalan citizen Hector Morales-Tigu petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the decision of an immigration judge (IJ) denying his request for asylum and withholding of removal.1 We conclude that substantial evidence supports the agency’s determination that Morales-Tigu failed to show that the Guatemalan government is unable or unwilling to control the private actors that he fears. This finding is dispositive of Morales- Tigu’s asylum claim. See Gutierrez-Vidal v. Holder, 709 F.3d 728, 732–33 (8th Cir. 2013). Because Morales-Tigu did not satisfy asylum’s lower burden, his withholding claim fails as well. See id. at 733. We deny the petition for review. ______________________________ 1 The IJ’s denial of relief under the Convention Against Torture is not before this Court. See Hernandez v. Holder, 760 F.3d 855, 863 (8th Cir. 2014) (noting that arguments not raised in an opening brief are waived). -2- 17-1697 Court of Appeals for the Eighth Circuit ca8 8th Cir. Hector Morales-Tigu v. Jefferson B. Sessions, III 13 February 2018 Unpublished f15566cb099079aa1f30153b1a29a58949016b12

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