Delhaye

MEMORANDUM *

Ronald Eric Delhaye petitions for review of both a final order of removal issued by the Board of Immigration Appeals (BIA) on July 27, 2007, and of the BIA’s November 30, 2007 decision denying his motion to reopen on grounds of ineffective assistance of counsel. In appeal no. 07-73087, we lack jurisdiction to review Del-haye’s final order of removal, and we dismiss this petition. 8 U.S.C. § 1252 (a)(2)(C). In appeal no. 07-74835, we have jurisdiction over the constitutional claims in his denial of the motion to reopen under 8 U.S.C. § 1252 (a)(2)(D), and we deny this petition.

It is undisputed that Petitioner is an alien and that his 1985 criminal conviction under Cal.Penal Code § 288(a) is a crime involving moral turpitude. We thus lack jurisdiction to review Petitioner’s final order of removal in appeal no. 07-73087, and our review in appeal no. 07-74835 of the motion to reopen is limited to the two alleged constitutional violations claimed by Petitioner. 8 U.S.C. §§ 1252 (a)(2)(C), 1252(a)(2)(D).

Petitioner’s ineffective assistance of counsel in appeal no. 07-74835 argument fails. The decisions made by Petitioner’s previous attorney to forgo oral testimony from…