Dekhtiar

*78 MEMORANDUM *

Dekhtiar never presented her right-to-counsel claim to the BIA. She thus failed to exhaust her administrative remedies, leaving us without jurisdiction to decide the issue and requiring us to dismiss this portion of her petition. 1 Dekhtiar was not excused from having to exhaust her administrative remedies by the fact that the claim is, in part, a constitutional claim. Her claim was the type of constitutional claim that we have held is within the BIA’s jurisdiction to resolve, and thus she was required to present it to the BIA. 2 Nor was the exhaustion requirement excused by the fact that she may have been unable to present her claim to the BIA at the time she filed her appeal. In such circumstances, an alien is required to exhaust her remedies by filing a motion to reopen with the BIA once the basis for her claims becomes evident. 3 Dekhtiar never filed a motion to reopen raising her right-to-counsel argument.

There is no merit to Dekhtiar’s claim that she was denied due process either by an incompetent translation during her proceedings before the Immigration Judge, or by an inadequate transcript. Even if we agreed with Dekhtiar’s assertion that the…