Juan Carlos Romero-Escobar v. Eric Holder, Jr.

MEMORANDUM

Juan Carlos Romero-Escobar (“Romero”), a native and citizen of El Salvador, petitions for review of two orders by the Board of Immigration Appeals (“BIA”). First, the BIA dismissed his appeal from an Immigration Judge’s removal order for lack of jurisdiction, finding that Romero had waived his right to appeal and determining that Romero had not contested the validity of that waiver. Romero appeals in No. 13-71801. Second, the BIA denied Romero’s motion to reopen and reconsider, finding that Romero’s waiver of his right to appeal had been “considered and intelligent,” and therefore declining to reach Romero’s remaining contentions. Romero appeals in No. 13-73289.

We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law; 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.

First, this Court lacks jurisdiction over the petition for review of the BIA’s dismissal of Romero’s appeal. Romero’s waiver of his right to appeal constitutes a failure to exhaust his administrative remedies. See 8 U.S.C. § 1252 (d)(1); Barron…