Medina

MEMORANDUM **

•Antonio Medina appeals the district court’s denial of his petition for a writ of habeas corpus. Because, as a matter of law, Medina withdrew his BIA appeal by “self-deporting” during the pendency of the appeal, we hold that Medina has failed to exhaust his administrative remedies and is not now entitled to seek federal habeas *494 relief. We affirm the district court’s dismissal of his habeas petition.

Federal regulations provide that an alien who departs from the United States during the pendency of his BIA appeal withdraws the appeal. Specifically, 8 C.F.R. § 3.4 provides that:

It is undisputed that Medina left the United States to go to Mexico during the pendency of his BIA appeal. Thus, under the regulations, the BIA acted within the law in dismissing his appeal.

Because Medina’s self-deportation effectively withdrew his BIA appeal, we are compelled to reject his habeas petition on the basis of his failure to exhaust administrative remedies. Under 8 U.S.C. § 1252 (d), “[a] court may review a final order of removal only if ... the alien has exhausted all administrative remedies available to the alien as of right .... ” Medina is required to appeal the…