PadernalNye

MEMORANDUM ***

Maria Lita Padernal Nye (“Nye”) filed two petitions that have been consolidated for our review. In No. 03-70430, Nye *405 contested the immigration judge’s (“IJ”) finding that her 1996 conviction for child abuse constituted an aggravated felony and a crime of moral turpitude for which she was removable. Nye also requested a stay of removal and argued that the Board of Immigration Appeals (“BIA”) should grant a motion to reopen that was then pending, on the basis of ineffective assistance of counsel. In No. 04-70741, Nye petitioned for review of the BIA’s denial of her motion to reopen on the ground that she failed to comply with the procedural requirements of Matter of Lozada, 1988 WL 235454, 19 I. & N. Dec. 637 (BIA 1988). We address each petition in turn.

No. 03-70430

We lack jurisdiction over this petition because Nye did not challenge the grounds of the IJ’s finding of removability before the BIA. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 819 (9th Cir.2003) (noting that under 8 U.S.C. § 1252 (d), “[b]e-fore a petitioner can raise an argument on appeal, the petitioner must first raise the issue before the BIA or IJ.... Similarly, the petitioner must exhaust…