JULIO TORRES QUINTERO V. MERRICK GARLAND, No. 18-73207 (9th Cir. 2022)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED DEC 13 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JULIO TORRES QUINTERO, Petitioner, No. U.S. COURT OF APPEALS 18-73207 Agency No. A098-004-468 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. 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. 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. 2

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