Alaverdian

MEMORANDUM **

Avetik Alaverdian, a native of Azerbaijan and a citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his motion to reopen removal proceedings conducted in absentia. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s ruling on a motion to reopen, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction over the petitioner’s ineffective assistance of counsel claim because the petitioner did not exhaust his administrative remedies by first raising the claim to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (explaining that exhaustion is jurisdictional); Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (holding that the petitioner must exhaust administrative remedies by first presenting ineffective assistance of counsel claim to the BIA).

The BIA did not abuse its discretion in denying Alaverdian’s motion to reopen because the record shows that notice of Alaverdian’s hearing held on…