Xian Tuan Ye v. Dept of Homeland Sec., 446 F.3d 289, 296-97 (2d Cir. 2006) ("Ye challenges the IJs denial of CAT relief, having failed to do so before the BIA. While ordinarily, under 8 U.S.C. 1252(d)(1), an alien may not raise before this Court an issue or category of relief not raised before the BIA, see Gill v. INS, 420 F.3d 82, 86 (2d Cir. 2005); Foster v. INS, 376 F.3d 75, 78 (2d Cir. 2004), the BIA addressed Yes CAT claim despite this oversight. Accordingly, Yes failure to raise the CAT claim himself is excused, and we have jurisdiction to address it now. See Waldron v. INS, 17 F.3d 511, 515 n.7 (2d Cir. 1994).").