Rajinder Pal Singh v. Eric Holder, Jr.

MEMORANDUM

Petitioner Rajinder Pal Singh is a native of India and petitions for review of an order of the Board of Immigration Appeals (BIA) denying his motion to reconsider a decision of the BIA that was responsive to a limited remand order of this Court in another case involving Petitioner, Singh v. Napolitano, 619 F.3d 1101 (9th Cir.2010), amended by 649 F.3d 899 (9th Cir.2011). Because this petition does not derive from a final order of removal, we dismiss for lack of jurisdiction. 8 U.S.C. § 1252 ; Alcala v. Holder, 563 F.3d 1009, 1013-16 (9th Cir.2009).

In 1993, an Immigration Judge ordered Petitioner excluded and deported from the United States. The BIA agreed with the Immigration Judge and dismissed Petitioner’s appeal in 1999. Petitioner never filed any other motion with the BIA and did not appeal the BIA’s 1999 decision. Petitioner did not leave the United States and was apprehended in 2007, at which time he filed a petition for writ of habeas corpus alleging ineffective assistance of counsel because of the alleged failure of his former counsel to inform him of his right to appeal the BIA’s 1999 decision or otherwise preserve his right to judicial review. See Singh v.…