Gurdeep Kattaura v. Eric Holder, Jr.

MEMORANDUM

Gurdeep Singh Kattaura, a native and citizen of India, petitions for review of the order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the removal order of an immigration judge (“IJ”). We dismiss the petition for review.

We lack jurisdiction to review the agency’s removal order because Kattaura’s admissions before the IJ establish that he is removable under 8 U.S.C. § 1227 (a) (2) (A) (iii) due to his conviction for possession for sale of a controlled substance under California Health & Safety Code § 11378. See 8 U.S.C. § 1252 (a)(2)(C) (eliminating appellate jurisdiction to review removal orders predicated on aggravated felonies); see also Pagayon v. Holder, 675 F.3d 1182, 1189 (9th Cir.2011) (per curiam) (holding that a petitioner’s pleading-stage admissions and concessions may be sufficient to establish removability). Kattaura’s claim that he did not receive the same treatment as another alien with the same conviction is not sufficiently colorable to invoke our jurisdiction under 8 U.S.C. § 1252 (a)(2)(D). See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“To be colorable in this context, the alleged violation need not be…