Alfonso Torres-Sanchez v. Eric Holder, Jr.

MEMORANDUM

Alfonso Torres-Sanehez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) decision finding Torres-San-ehez removable based on his California conviction for a crime involving moral turpitude. Under 8 U.S.C. § 1252 (a)(2)(C), “except as provided in subparagraph (D), no court shall have jurisdiction to review any final order -of removal against an alien who is removable by reason of having committed a criminal offense covered in section 1182(a)(2).” The offenses covered by § 1182(a)(2) include crimes involving moral turpitude. Id. § 1182(a)(2)(A)(i)(I). “This court has jurisdiction to determine whether jurisdiction exists.” Morales v. Gonzales, 4 78 F.3d 972, 977 (9th Cir.2007) (citation and internal quotation marks omitted). We do not have jurisdiction, therefore we must dismiss the petition.

California Penal Code § 288(a) criminalizes lewd or lascivious acts upon or with the body of a child who is under the age of 14 years, “with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.” Torres-Sanehez conceded…