LAW.coLAW.co

DOMINGO AGUILAR v. GARLAND (2021)

United States Court of Appeals, Eighth Circuit.2021-03-25No. No. 20-2576

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

[Unpublished]

Guatemalan native and citizen Ingrid Domingo-Aguilar petitions for review of a Board of Immigration Appeals (BIA) order upholding an immigration judges (IJs) decision denying asylum. We disagree with Domingo-Aguilars contentions that the BIA erred by not addressing her asylum claim and by not applying the proper standard of review. We conclude that her primary challenge to the BIAs decision-that she was persecuted based on her membership in two particular social groups-lacks merit. See Gutierrez-Vidal v. Holder, 709 F.3d 728, 731-32 (8th Cir. 2013) (reviewing BIAs decision as final agency action, but to extent IJs findings or reasoning are adopted, IJs decision is also reviewed as part of final agency action; asylum claims are reviewed for substantial evidence based on record as whole). Further, we agree with respondent that Domingo-Aguilar has waived any challenge to the determination that she failed to show the Guatemalan government was unwilling or unable to control the private actors who persecuted her. See Cinto-Velasquez v. Lynch, 817 F.3d 602, 604 n.1 (8th Cir. 2016) (waiver of issues); see also Saldana v. Lynch, 820 F.3d 970, 976 (8th Cir. 2016) (to establish persecution arising from conduct of private actors, applicant must show that government either condoned conduct or was unable to protect victims). The petition for review is denied.

PER CURIAM.