DALE BENNETT V. WILLIAM BARR, No. 18-71346 (9th Cir. 2020)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUN 5 2020 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT DALE ANTHONY BENNETT, AKA Dale Anthony Stephens, No. U.S. COURT OF APPEALS 18-71346 Agency No. A208-837-037 Petitioner, MEMORANDUM* v. WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT, Circuit Judges. 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. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 18-71346

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