Rosa

MEMORANDUM *

Annalize Rosa appeals the Board of Immigration Appeals’ order summarily dismissing her case on the grounds that she failed to file a brief despite indicating on the Notice of Appeal that she would do so. Rosa, a native and citizen of El Salvador, challenges the Immigration Judge’s denial of her motion to reopen deportation proceedings. Because the facts are known to the parties, we will not recite them in detail except as necessary. We deny Rosa’s petition for review.

Rosa argues that Section 203 of the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), Title II of Pub.L. No. 105-100, 111 Stat. 2193 (1997), amended by Pub.L. No. 105-139, 111 Stat. 2644 (1997), created an opportunity for her to apply for a suspension of deportation despite the fact that she had been placed in exclusion proceedings. The INS responds that this court does not have jurisdiction to hear Rosa’s appeal on the merits because she has failed to exhaust her administrative remedies.

We conclude that we do not have jurisdiction to consider the arguments Rosa made in her motion to reopen. Under the statute governing review of this case, “[a]n order of ... exclusion shall not be…