Mier Y Teran v. Gonzales

MEMORANDUM **

Jorge Augusto Bresani Mier Y Teran, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reconsider the IJ’s earlier decision denying his motion to reopen removal proceedings conducted in absentia. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Yeghiazaryan v. Gonzales, 439 F.3d 994, 998 (9th *894 Cir.2006), we dismiss in part and grant in part the petition for review.

We lack jurisdiction to consider Mier Y Teran’s contentions regarding ineffective assistance of counsel and changed circumstances in Peru because he failed to raise those issues in his April 4, 2003 appeal to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (holding that exhaustion is mandatory and jurisdictional). Further, to the extent Mier Y Teran challenges the BIA’s orders of October 8, 2004 and December 13, 2004, the instant petition for review is not timely as to those decisions. See 8 U.S.C. § 1252 (b)(1); Stone v. INS, 514 U.S. 386, 405-06 , 115 S.Ct. 1537 , 131 L.Ed.2d 465…