United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2589 ___________________________ Radai Obed Mendez Dominguez lllllllllllllllllllllPetitioner v. Merrick B. Garland, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: January 25, 2023 Filed: January 30, 2023 [Unpublished] ____________ Before LOKEN, BENTON, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Guatemalan citizen Radai Obed Mendez Dominguez petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his application for withholding of removal and his request for voluntary departure. Upon careful consideration of the petition and the record, we find no basis for reversal. See Gathungu v. Holder, 725 F.3d 900, 907 (8th Cir. 2013) (standard of review). Mendez Dominguez did not challenge the BIA’s dispositive conclusion that he failed to show the Guatemalan government would be unable or unwilling to protect him from his alleged persecutors. See Coreas-Chavez v. Garland, 52 F.4th 413, 416 (8th Cir. 2022) (failure to meaningfully challenge determinative issue of whether government was unable or unwilling to control persecution resulted in waiver of argument); cf. Galloso v. Barr, 954 F.3d 1189, 1193 (8th Cir. 2020), as amended (Apr. 15, 2020) (burden of proof is on petitioner to establish eligibility for relief; petitioner failed to show Mexican government was unable or unwilling to protect her based on country reports and testimony that she did not and would not contact police). As to the denial of voluntary departure, Mendez Dominguez identifies no question of law or constitutional claim on appeal. See Puc-Ruiz v. Holder, 629 F.3d 771, 782 (8th Cir. 2010) (this court lacks jurisdiction to review discretionary denial of voluntary departure unless denial raises colorable question of law or constitutional claim). The petition for review is denied. See 8th Cir. R. 47B. ______________________________ -2- 22-2589 Court of Appeals for the Eighth Circuit ca8 8th Cir. Radai Mendez Dominguez v. Merrick Garland 30 January 2023 Unpublished 9cc885a33b1258e08a3950c29e61850a8b79046c
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