Salvador Cruz-Lopez v. Eric Holder, Jr.

MEMORANDUM

Salvador Elizandro Cruz-Lopez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and de novo questions of law, Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

Because Cruz-Lopez is removable based on his conviction relating to a controlled substance under 8 U.S.C. § 1182 (a)(2)(A)(i)(II), our jurisdiction is limited by 8 U.S.C. § 1252 (a)(2)(C). Cruz-Lopez’s contention that the agency erred in its determination that he had been convicted of a particularly serious crime does not raise a constitutional claim or colorable question of law that would invoke our jurisdiction under 8 U.S.C. § 1252 (a)(2)(D). See Pechenkov v. Holder, 705 F.3d 444, 448 (9th Cir.2012) (no jurisdiction to review “particularly serious crime”…