Arredondo Aguirre v. Mukasey

MEMORANDUM **

In these consolidated petitions, Ramon Javier Arredondo Aguirre and Lucila Ar-redondo, husband and wife and natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s (“IJ”) removal order, and denying their motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review legal and constitutional issues de novo, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and we review for abuse of discretion the denial of a motion to reconsider, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We dismiss in part and deny in part the petition for review in No. 05-73265, and we deny the petition for review in No. 05-75648.

We lack jurisdiction to consider petitioners’ contention that their former attorney provided ineffective assistance because they did not exhaust this claim before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000).

*116 We also lack jurisdiction to review the agency’s discretionary determination that Lucila Arredondo failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas…