Barragan

MEMORANDUM **

This consolidated case involves three petitions filed by Alejandro Barragan relating to an order of removal entered by the Immigration Judge (IJ) below. Barragan’s first petition seeks review of the Board of Immigration Appeals’ (BIA) decision not to reconsider or reopen proceedings because of alleged ineffective assistance of counsel. His second petition challenges the BIA’s denial of an untimely motion to reopen based on Barragan’s claim of nationality. The third petition, a habeas petition, was filed in the district court and is now on appeal before us. We dismiss Barragan’s first petition and deny his second, but remand the habeas petition to the district court because it now has jurisdiction to hear Barragan’s claim.

The IJ ordered Barragan removed pursuant to § 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227 (a)(2)(A)(ii), which authorizes removal of any non-citizen convicted of two or more crimes of moral turpitude. Barragan appealed his removal order to the BIA, arguing that the IJ’s decision relied on a material mistake of fact, that the IJ abused his discretion by not considering all relevant factors when balancing the equities in…