EDWIN LEON ORRELLANO AKA AKA v. LORETTA LYNCH (2017)

MEMORANDUM*

Edwin Leon-Orrellano, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals' (“BIA”) order dismissing his appeal from an immigration judge's order of removal. We dismiss the petition for review.

We lack jurisdiction over Leon-Orrellano's petition for review. Leon-Orrellano's waiver of his right to appeal constitutes a failure to exhaust his administrative remedies. See 8 U.S.C. § 1252(d)(1); Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an alien's administrative proceedings before the agency). Moreover, Leon-Orrellano failed to exhaust his contentions that his waiver of appeal was not knowing and intelligent, see Brown v. Holder, 763 F.3d 1141,1097 (9th Cir. 2014) (“On appeal to the BIA, ․ Brown did not claim that the waiver was not knowing and voluntary, and therefore we may not review this claim.”), or that his waiver resulted from ineffective assistance of counsel, see Tijani, 628 F.3d at 1080.

PETITION FOR REVIEW DISMISSED.