Tirso Rojas v. Eric H. Holder Jr.

MEMORANDUM

Tirso Rojas petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of an immigration judge’s decision finding him removable and denying his motion to terminate proceedings.

We have jurisdiction under 8 U.S.C. § 1252 (a)(1) to review final orders of removal and under 8 U.S.C. § 1252 (a)(2)(D) to review constitutional and legal questions that petitioners, who are removable because of criminal activity, raise.

Furthermore, although we lack jurisdiction to review “any final order of removal against an alien who is removable by reason of having committed” an aggravated felony, 8 U.S.C. § 1252 (a)(2)(C), we have jurisdiction to determine whether an offense constitutes an aggravated felony under 8 U.S.C. § 1101 (a)(43)(F) because that is a question of law. Suazo Perez v. Mu-kasey, 512 F.3d 1222, 1225 (9th Cir.2008) (citing Morales-Alegria v. Gonzales, 449 F.3d 1051, 1053 (9th Cir.2006) (stating that whether an offense constitutes an “aggravated felony” under § 1101(a)(43)(F) is a question of law)).

Rojas was convicted of attempted kid-naping in violation of California Penal Code §§ 207(a), 664. The BIA held that these convictions…