MEMORANDUM **

Martin Guzman-Guzman, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We deny the petition for review.

The BIA correctly determined that Guzman-Guzman is not eligible for a special motion to seek relief under former section 212(c). See 8 C.F.R. § 1003.44(k) (individuals issued a final order of deportation who then illegally return to the United States are ineligible to file a special former section 212(c) motion); see also Avila-Sanchez v. Mukasey, 509 F.3d 1037, 1040-41 (9th Cir. 2007).

We do not reach Guzman-Guzman’s contentions regarding ineffective assistance of counsel because the BIA’s determination that his reinstated deportation order bars relief is dispositive.

PETITION FOR REVIEW DENIED.