Yevgeniy Leshchinkiy v. Eric Holder, Jr.

MEMORANDUM

Yevgeniy Valentinovic Leshchinkiy, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

Leshchinkiy does not challenge that his 2007 conviction for burglary in the second degree in violation of R.C.W. § 9A.52.030 is an aggravated felony burglary offense that renders him removable under 8 U.S.C. § 1227 (a)(2)(A)(iii). The aggravated felony conviction also renders Leshchin-kiy statutorily ineligible for asylum. 8 U.S.C. § 1158 (b)(2)(A)(ii), (B)(i).

Because Leshchinkiy was convicted of an aggravated felony and has not raised a colorable legal challenge, we lack jurisdiction to review the agency’s discretionary determination that his conviction is a particularly serious crime that bars him from receiving withholding of removal. See 8 U.S.C. § 1252 (a)(2)(C) (limiting review when petitioner has been convicted of an aggravated felony);…