Mendoza-Martinez

MEMORANDUM **

Dora Alicia Mendoza-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to file a late notice of appeal. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

The time limit for filing a notice of appeal with the BIA is mandatory and jurisdictional, see Da Cruz v. INS, 4 F.3d 721, 722 (9th Cir.1993), and Mendoza-Martinez concedes her notice of appeal was untimely-

We lack jurisdiction to consider Mendoza-Martinez’s claim that the ineffective assistance of her prior counsel caused the late filing of her notice of appeal, because Mendoza-Martinez has not exhausted that claim. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (an alien must exhaust his administrative remedies with the agency prior to arguing ineffective assistance of counsel to this court).

Mendoza-Martinez’s unopposed request for this court to take judicial notice of the BIA’s December 22, 2005 order is granted.

Mendoza-Martinez’s request for oral argument is denied.

PETITION FOR REVIEW DISMISSED in part and DENIED in…