Require conversation resolution before merging not working

Hello, I have checked / turn on branch protection setting to require conversation resolution. Currently, our CI would attempt to merge PR using this API https://docs.github.com/en/rest/reference/repos#merging when a jira ticket is closed.
I need this API Call to fail when there are unresolved conversation, but this option doesn’t seem to do that. Is there any solution for this? I don’t think there’s an API to check if we have unresolved comment.

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If it is only a solution you are looking for, I created a GitHub Actions to do exactly this a while back.
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I had high hopes on the built-in beta feature of GitHub and due to some limitations of the GitHub API and GitHub Actions Hooks I would strongly recommend the use of the built-in feature over a third party action like the one I created. This is also the reason why I stopped to invest time in this project at the moment I heard about this feature.

However, I do have the same problem as you and I cannot get the check to prevent the merge.