Moghadam

MEMORANDUM **

Miranda Siassi Moghadam, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order, dismissing her appeal from an immigration judge’s decision denying her motion to reconsider a prior order denying a motion to reopen based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider and review de novo constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion by denying Siassi Moghadam’s motion to reconsider on the ground that she failed to establish prejudice, where she did not present any evidence that the state criminal court ever recalculated her sentence. See id. at 793-94 ; 8 U.S.C. § 1101 (a)(48)(B)(“Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of a law ....”) (emphasis added).

We lack jurisdiction to review Siassi Moghadam’s remaining contentions because she failed to exhaust…