Jerzy Gatalski v. Immigration and Naturalization Service

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerzy GATALSKI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70493. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1995. * Decided Dec. 8, 1995. Before: WRIGHT, FERNANDEZ, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Jerzy Gatalski petitions for review of the Board of Immigration Appeals' (BIA) final order of deportation to Poland. We deny the petition. 1. Ineffective Assistance of Counsel 3 Gatalski raises on appeal, for the first time, a claim of ineffective assistance of counsel. An alien must exhaust administrative remedies before seeking judicial review. Failure to do so deprives this court of jurisdiction to hear the matter. Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th Cir.1994). The proper procedure is to file a motion to reopen with the BIA and present the board with the opportunity to pass upon the claim. See id. 1 4 2. Commission of a Particularly Serious…