Erick Arcenio Salinas-Guere v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERICK ARCENIO SALINAS-GUERE,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-1232
Agency No.
A205-390-920
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 15, 2023**
Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.
Erick Arcenio Salinas-Guere, a native and citizen of Peru, petitions pro se
for review of the Board of Immigration Appeals’ order affirming without opinion
an immigration judge’s decision denying his applications for asylum, withholding
of removal, and protection under the Convention Against Torture (“CAT”). We
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.
Because Salinas-Guere does not challenge the agency’s denial of asylum,
withholding of removal, and CAT protection, we do not address them. See Lopez-
Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013).
Salinas-Guere’s request for cancellation of removal is not properly before
the court because he failed to raise it before the agency. See 8 U.S.C. § 1252(d)(1)
(exhaustion of administrative remedies required); see also Santos-Zacaria v.
Garland, 143 S. Ct. 1103, 1113-14 (2023) (section 1252(d)(1) is a non-
jurisdictional claim-processing rule).
We do not consider the materials in Salinas-Guere’s opening brief that are
not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 (9th
Cir. 1996) (en banc).
PETITION FOR REVIEW DENIED.

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