Eloisa Resendiz v. Eric Holder, Jr.

MEMORANDUM

Eloísa Marisol Resendiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law. Pechenkov v. Holder, 705 F.3d 444, 449 (9th Cir.2012). We dismiss in part and deny in part the petition for review.

Because Resendiz is removable under 8 U.S.C. § 1227 (a)(2)(B)© based on her conviction for an offense relating to a controlled substance, and under 8 U.S.C. § 1227 (a)(2)(A)(iii) based on her conviction for an aggravated felony, our jurisdiction is limited to colorable constitutional claims or questions of law. See 8 U.S.C. § 1252 (a)(2)(C)-(D). Resendiz’s contention that the agency abused its discretion in determining that she 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, 705 F.3d at 447-49 (holding that § 1252(a)(2)(C) barred review of the agency’s finding that petitioner’s aggravated felony…