Peña-Garcia

MEMORANDUM ***

Petitioner Gaspar Peña-Garcia (“Peña”) petitions for review from the Board of Immigration Appeals’ (“BIA”) dismissal of his BIA appeal after Peña was removed from the United States. Under 8 U.S.C. § 1252 (d), we have jurisdiction to review only the dismissal of the appeal, which was deemed withdrawn by operation of law. See 8 C.F.R. § 3.4 . Because none of Peña’s claims relate to the validity of the BIA’s dismissal, we dismiss the petition for lack of jurisdiction.

Peña contends that his removal was executed unlawfully because his counsel was not given notice and the removal order was not final. We lack jurisdiction to review this claim because Peña never appealed the removal order to the BIA and thus failed to exhaust available administrative remedies. Ochave v. INS, 254 F.3d 859, 867 (9th Cir.2001) (“ ‘Failure to raise an issue in an appeal to the BIA constitutes a failure to exhaust remedies with respect to that question and deprives this court of jurisdiction to hear the matter.’ ”). Even if we had jurisdiction, we would reject this claim because Peña’s counsel did in fact have notice of the removal order, as evidenced by the two requests for stay of removal…