NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 19-2681 ________________ BAIRON RAMOS-PADILLA, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA Respondent ________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A206-798-821) Immigration Judge: John B. Carle ________________ Submitted under Third Circuit LAR 34.1(a) On April 16, 2020 Before: CHAGARES, SCIRICA and ROTH, Circuit Judges (Opinion filed January 4, 2021) ________________ OPINION* ________________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. ROTH, Circuit Judge Bairon Ramos-Padilla petitions for review of a final order of removal. The Board of Immigration Appeals held that it did not have general authority to administratively close his case and denied his claims for asylum, withholding of removal, and protection against torture. He has subsequently been removed from the country and been denied the relief for which he sought administrative closure. As a result, his motion for administrative closure is moot. His challenge to the denial of his withholding claim fails on the merits. We will dismiss his petition in part and deny it in part. I.1 Ramos-Padilla is a native and citizen of Honduras who entered the United States without inspection at the age of seventeen. He was detained by immigration officials and placed in removal proceedings, which were accelerated after he pled guilty to charges of offensive touching. In his immigration proceedings, he applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). He claimed that he would be persecuted if sent back to Honduras because he has been an orphan since he was eight years old, after his mother died and his father abandoned him. 1 Because we write primarily for the parties, we only discuss the facts and proceedings to the extent necessary for resolution of this case. 2 He also applied for status as a Special Immigrant Juvenile (SIJ) with the United States Citizenship and Immigration Services (USCIS).2 A Maryland court issued SIJ predicate custody to an adult Maryland resident who had cared for Ramos-Padilla since 2016. Ramos-Padilla simultaneously petitioned the immigration court to administratively close his case while USCIS adjudicated his SIJ application.3 The IJ declined to close his case, noting his criminal record, his delay in seeking SIJ classification, and the speculative nature of being granted SIJ status. After a merits hearing, the IJ denied his application for asylum, withholding of removal, and protection under CAT, and ordered him removed. The BIA dismissed his appeal. In September 2018, he was removed to Honduras after this Court vacated a temporary stay of removal. We also remanded the case to the BIA to more fully consider Ramos-Padilla’s arguments in light of new Board precedent.4 On June 24, 2019, the BIA again dismissed his appeal. Ramos-Padilla petitioned for review.5 USCIS formally denied his application for SIJ status while his petition was pending before us. 2 As relevant here, a Special Immigrant Juvenile has been ...
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