Rusbel Moreno v. Eric Holder, Jr.

MEMORANDUM

Rusbel Antonio Moreno, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider. 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 Moreno’s contention that his former counsel was ineffective, because he did not exhaust this issue to the BIA. See Liu v. Waters, 55 F.3d 421, 425-26 (9th Cir.1995) (requiring petitioner to exhaust ineffective assistance of counsel claim through a motion to reopen before the BIA).

We also lack jurisdiction to review Moreno’s contentions regarding the agency’s analysis of the merits of his claims, because Moreno did not file a petition for review of the BIA’s March 10, 2011 order. See 8 U.S.C. § 1252 (b)(1); Stone v. INS, 514 U.S. 386, 405-06 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995) (the 30-day filing period for a petition for review is mandatory and jurisdictional).

The BIA did not abuse its discretion in denying Moreno’s motion to…