BENNETT v. BARR (2020)

MEMORANDUM **

Dale Anthony Bennett, a native and citizen of Belize, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We dismiss the petition for review.

We lack jurisdiction to consider whether Bennett’s waiver of the right to appeal was considered and intelligent where he failed to raise the issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (generally requiring exhaustion of claims before the BIA); cf. Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir. 2005) (where a waiver of appeal was not considered and intelligent, the waiver does not strip the court of jurisdiction).

To the extent Bennett challenges the BIA’s May 16, 2018, order dismissing his appeal from the IJ’s order denying his motion to reopen, that challenge is not properly before us. See Dela Cruz v. Mukasey, 532 F.3d 946, 948 (9th Cir. 2008) (“Congress envisioned two separate petitions filed to review two separate final orders.” (internal quotation marks, emphasis, and citation omitted)); Lin v. Gonzales, 473 F.3d 979, 981 n.1 (9th Cir. 2007) (noting that denials of subsequent motions to reopen require separate petitions for review).

The Clerk will mail an additional copy of this memorandum disposition to Bennett at:

17 Nurse Seay Street

Belize City

Belize, C.A.

PETITION FOR REVIEW DISMISSED.