
    Margarita GUTIERREZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.
    No. 04-71958.
    United States Court of Appeals, Ninth Circuit.
    Submitted June 16, 2009.
    
    Filed June 30, 2009.
    Margarita Gutierrez, Santa Ana, CA, for Petitioner.
    CAC-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Jennifer Parker Levings, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, for Respondent.
    Before: PAEZ, TALLMAN, 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

Margarita Gutierrez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal. We dismiss the petition for review.

We lack jurisdiction to consider Gutierrez’s claims that her appeal waiver was not knowing and voluntary, and that her counsel was ineffective, because she failed to exhaust these claims before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

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