Wai Ng v. Eric Holder, Jr.

MEMORANDUM

Petitioner Wai Kwong Ng, a lawful permanent resident of the United States, native of Hong Kong, and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 to consider Ng’s claim that the agency erred in its determination that he was ineligible for withholding of removal on the basis of his commission of a particularly serious crime, and we review the agency’s determination for abuse of discretion. See Arbid v. Holder, 700 F.3d 379, 383 (9th Cir.2012) (per cu-riam). We deny the petition for review.

The BIA did not abuse its discretion in concluding that Ng was ineligible for withholding of removal. The BIA determined that Ng was ineligible under the Immigration and Nationality Act and the Convention Against Torture because of his conviction of a particularly serious crime, in this case second degree robbery, a felony under California Penal Code § 211.

To determine whether a criminal conviction qualifies as a particularly serious crime, the…