Rafael Arias-Sanchez v. Eric Holder, Jr.

MEMORANDUM

Rafael Arias-Sanchez, a native and citizen of El Salvador, petitions for review of the BIA’s decision finding him ineligible for asylum, withholding of removal, and protection under the Convention Against Torture because he had been convicted of a particularly serious crime.

Arias-Sanchez’s 2010 conviction for possession for sale of marijuana is covered by 8 U.S.C. § 1227 (a)(2)(B)(i), which classifies as deportable any alien who has been convicted of a violation of a controlled substance offense. To overcome the presumption that his crime was a particularly serious offense, Arias-Sanchez was required to meet the six criteria set forth' in Matter of Y-L- 23 I. & N. Dec. 270 (AG 2002). The IJ and BIA concluded that Arias-Sanchez failed to demonstrate that he was only peripherally involved in the crime.

Under 8 U.S.C. § 1252 (a)(2)(C), we lack jurisdiction to review any final order of removal against an alien convicted of a crime covered by 8 U.S.C. § 1227 (a)(2). Although this preclusion does not extend to “review of constitutional claims or questions of law,” 8 U.S.C. § 1252 (a)(2)(D), Arias-Sanchez’s petition does not assert a constitutional claim or question of…