Serguey Hernandez Delgado v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 22 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SERGUEY HERNANDEZ DELGADO, No. 20-72178

Petitioner, Agency No. A203-700-501

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted July 27, 2022 Submission Withdrawn July 28, 2022 Resubmitted May 18, 2023 San Francisco, California

Before: GRABER and OWENS, Circuit Judges, and BAKER,** International Trade Judge. Dissent by Judge BAKER.

Serguey Hernandez Delgado, a native and citizen of Cuba, petitions for

review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. an immigration judge’s (“IJ”) denial of asylum. We have jurisdiction under 8

U.S.C. § 1252. Because the BIA adopted and affirmed…