Benavides

MEMORANDUM ***

Isaías Gutierrez Benavides, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motion to reopen, and dismissing his appeal from the Immigration Judge’s order denying his application for cancellation of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion, and due process violations de novo. Lin v. Ashcroft, 877 F.3d 1014 , 1023 (9th Cir.2004). We deny the petitions for review.

Gutierrez’s contention that the BIA violated his due process rights by refusing to extend the briefing schedule fails because the BIA has discretion whether or not to grant a motion for extension of time or to accept late filings. See 8 C.F.R. § 1003.3 (c)(1) (BIA has discretion to extend briefing schedules, and to consider a brief that has been filed out of time). We therefore deny the petition in No. 04-75234.

Gutierrez failed to exhaust the ineffective assistance of counsel claim raised in No. 04-75234, but his motion to reopen properly raised the claim before the BIA, and we review the denial of the motion to reopen in No.…