Julio Torres Quintero v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JULIO TORRES QUINTERO,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 18-73207
Agency No. A098-004-468
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2022**
Pasadena, California
Before: NGUYEN and FORREST, Circuit Judges, and FITZWATER,*** District
Judge.
Julio Torres Quintero petitions for review of a decision by the Board of
Immigration Appeals (“BIA”) dismissing his appeal of the immigration judge’s
* 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).
*** The Honorable Sidney A. Fitzwater, United States District Judge for
the Northern District of Texas, sitting by designation.
FILED
DEC 13 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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order denying his application for asylum, withholding of removal, and protection
under the Convention Against Torture (“CAT”). We have jurisdiction to review
final orders of removal, but only if the applicant for relief from removal “has
exhausted all administrative remedies available to [him] as of right.” 8 U.S.C. §
1252(d)(1).
Torres Quintero contends that the BIA erred when it found that he was not a
member of a particular social group for purposes of asylum and withholding of
removal and that he was not eligible for CAT protection. Because he did not
present these contentions to the BIA and the BIA expressly declined to address
them, we lack jurisdiction to consider them. See Barron v. Ashcroft, 358 F.3d 674,
678 (9th Cir. 2004).
PETITION DISMISSED.

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