Ticas-Azmitia

MEMORANDUM **

Petitioner Cesar Ticas-Azmitia petitions for review of the dismissal of his appeal to the Board of Immigration Appeals (“BIA”) of the denial of his motion for reconsideration of an order of removal. Before the BIA, Ticas sought reconsideration of the Immigration Judge’s (“IJ”) finding that he was removable under 8 U.S.C. § 1227 (a)(2)(A)(iii)(2000) as a non-citizen convicted of an aggravated felony. He contends that his 1997 conviction as an accessory after the fact is not an aggravated felony under the Immigration and Nationality Act (“INA”). See 8 U.S.C. § 1252 (a)(2)(C)(2000).

We review the denial of a motion to reopen and a summary dismissal by the BIA for an abuse of discretion. Caruncho v. INS, 68 F.3d 356, 360 (9th Cir.1995); Padilla-Agustin v. INS, 21 F.3d 970, 973 (9th Cir.1994), overruled on other grounds by Stone v. INS, 514 U.S. 386 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995). We dismiss the petition for lack of jurisdiction because Ticas failed to exhaust his administrative remedies when he waived his right to appeal the removal order.

Under 8 U.S.C. § 1252 (d)(1), we “may review a final order of removal only if ... the alien has exhausted all…