Mandip Saranjit Singh v. Eric Holder, Jr.

MEMORANDUM

Mandip Saranjit Singh, a native of the United Arab Emirates and a citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s denial of his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Singh’s contention that his former attorney provided ineffective assistance with his motion to reopen to adjust status based on his marriage to a U.S. citizen because Singh failed to exhaust this claim before the BIA. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.2010) (“We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA.”).

In his opening brief, Singh failed to raise, and therefore waived, any challenge to the BIA’s denial of his motion to reopen based on ineffective assistance of counsel with respect to his asylum application. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th…