NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 19 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

HECTOR RAMIREZ DELCID, No. 23-718 Agency No. Petitioner, A208-939-950 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

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). (“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.

2 23-718