FILED
NOT FOR PUBLICATION JAN 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PEDRO GILBERTO RIOS, No. 07-71521
Petitioner, Agency No. A028-821-988
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondents.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Pedro Gilberto Rios, a native and citizen of Nicaragua, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) order terminating deportation proceedings. We dismiss
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
LR/Research
the petition for review.
We lack jurisdiction to review the petition because the IJ’s August 29, 2005,
order was not a final order of deportation. See 8 U.S.C. §§ 1101(a)(47)(A),
1252(b)(9).
To the extent Rios challenges the March 10, 1987, final deportation order,
we lack jurisdiction to consider it because this petition for review is not timely as
to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
We lack jurisdiction to consider Rios’ ineffective assistance of counsel
contention because he failed to exhaust that issue before the BIA. See Barron v.
Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
PETITION FOR REVIEW DISMISSED.
LR/Research 2 07-71521