Atamian

MEMORANDUM **

In these consolidated petitions, Krikor Atamian, a native of Lebanon and a citizen of Canada, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“IJ”) grant of 120 days of voluntary departure (No. 04-74711), and denying his motion to reopen proceedings based on ineffective assistance of counsel (No. 06-70274). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss the petition for review in No. 04-74711, and we grant the petition for review in No. 06-70274.

We lack jurisdiction to review the BIA’s August 20, 2004 order because the BIA properly concluded that the IJ’s decision became final after Atamian waived appeal. Atamian was aware that his counsel would seek a 120-day voluntary departure period in exchange for his right to appeal and was apprised by counsel about what voluntary departure entailed. Cf. Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir.2005) (“Because the waiver of appeal was not knowing and considered, the waiver does not strip us of…