Equizabal

*230 MEMORANDUM ***

Petitioner Marvin Equizabal appeals the decision of the Board of Immigration Appeals (BIA), which affirmed without opinion the Immigration Judge’s (IJ) order granting Equizabal’s application for voluntary removal and permitting the withdrawal of his applications for asylum and withholding of removal. Because the parties are familiar with the facts, we do not recount them here. We dismiss the petition for lack of jurisdiction.

The Immigration and Naturalization Act provides that a “court may review a final order of removal only if ... the alien has exhausted all administrative remedies available to the alien as of right.” 8 U.S.C. § 1252 (d)(1). “Absent overriding justification, an alien must exhaust his administrative remedies prior to seeking review” of an order of removal. Rashtabadi v. I.N.S., 23 F.3d 1562, 1567 (9th Cir.1994) (citing Vargas v. U.S. Dep’t of Immigration and Naturalization, 831 F.2d 906, 907 (9th Cir.1987)). This circuit has held the § 1252(d)(1) exhaustion requirement to be jurisdictional. “Failure to raise an issue in an appeal to the BIA constitutes a failure to exhaust remedies with respect to that question and deprives this court of…