Jose Vicente-Simon v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Jose Pascual Vicente-Simon, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of the immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility determinations. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to consider Vicente-Simon’s ineffective assistance of counsel claim because Vicente-Simon failed to exhaust the claim in his direct appeal to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004) (court lacks jurisdiction to review claims not raised to the agency); see also Puga v. Chertoff, 488 F.3d 812 , 815-16 (9th Cir.2007) (indicating that ineffective assistance of counsel claims must be raised in a motion to reopen before the BIA).
Vicente-Simon’s motion to take judicial notice is denied. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir.1996) (en banc) (court’s review is limited to the administrative record).