Jose Rosas-Quiroz v. Eric Holder, Jr.

MEMORANDUM

Jose Manuel Rosas-Quiroz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. 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 deny in part and dismiss in part the petition for review.

Contrary to Rosas-Quiroz’s contention, the agency applied and referenced the correct legal standard outlined in Matter of Frentescu, 18 I. & N. Dec. 244, 247 (BIA 1982) in making • its particularly serious crime determination, see Anaya-Ortiz v. Holder, 594 F.3d 673, 679-80 (9th Cir.2010) (discussing proper standard), and did not apply the presumption set forth in Matter of Y-L-, 23 I. & N. Dec. 270 (A.G. 2002). Because Rosas-Quiroz does not dispute that he is removable for an aggra vated felony, the court lacks jurisdiction to review the agency’s dispositive discretionary determination that his conviction is for a particularly serious crime that renders him ineligible for withholding of removal. See…