Robert Small v. Eric Holder, Jr.

MEMORANDUM

Robert Small, a native of Jamaica, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order terminating his previously granted withholding of removal and denying his application for deferral of removal under the Convention Against Torture (“CAT”). This Court has jurisdiction to review constitutional claims and questions of law raised by Small in his petition for review. See 8 U.S.C. § 1252 (a)(2)(D).

Small argues that his withholding of removal was improperly terminated under 8 C.F.R. § 1208.24 (b)(3). Specifically, Small argues that the IJ and BIA impermissibly aggregated the prison sentences of his convictions that were committed before he was granted withholding of removal in 2001 with those committed after the grant.

As an initial matter, we conclude that Small exhausted this argument with the BIA. This Court construes pro se claims “liberally for purposes of the exhaustion requirement.” Vizcarra-Ayala v. Mukasey, 514 F.3d 870, 873 (9th Cir.2008). Small raised the argument that his withholding of removal was improperly terminated in his brief to the BIA. His' assertions were sufficient to put the…