
    Elmer Alex MATUTE-MARTINEZ, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.
    No. 06-70478.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 8, 2008 .
    Filed Sept. 19, 2008.
    Warren M. Winston, Los Angeles, CA, for Petitioner.
    CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, OIL, DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
    Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.
    
      
      The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App. P. 34(a)(2).
    
   MEMORANDUM

Elmer Alex Matute-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying his application for adjustment of status. We dismiss the petition for review.

We lack jurisdiction to consider Matute-Martinez’s claim of ineffective assistance of counsel because he failed to exhaust it before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (requiring “an alien who argues ineffective assistance of counsel to exhaust his administrative remedies by first presenting the issue to the BIA”).

PETITION FOR REVIEW DISMISSED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     