Hector Ramirez Delcid v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HECTOR RAMIREZ DELCID,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 23-718
Agency No.
A208-939-950
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 12, 2023**
Before: WALLACE, LEE, and BUMATAY, Circuit Judges.
Hector Ramirez Delcid, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his applications for asylum,
withholding of removal, and protection under the Convention Against Torture
* 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
DEC 19 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-718
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for
review.
Because Ramirez Delcid does not contest the BIA’s dispositive
determinations that he waived challenge to the denial of asylum as untimely, that
his proposed particular social group was not cognizable, and that he was ineligible
for CAT protection, we do not address them. See Lopez-Vasquez v. Holder, 706
F.3d 1072, 1079-80 (9th Cir. 2013). Thus, Ramirez Delcid’s asylum, withholding
of removal, and CAT claims fail.
Ramirez Delcid’s contention that he is eligible for a grant of humanitarian
asylum is not properly before the court because he failed to raise it before the BIA.
See 8 U.S.C. § 1252(d)(1) (exhaustion of administrative remedies required); see
also Santos-Zacaria v. Garland, 598 U.S. 411, 417-19 (2023) (section 1252(d)(1)
is a non-jurisdictional claim-processing rule).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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