Sergio De Jesus-Sanchez v. Eric Holder, Jr.

MEMORANDUM

Sergio Rene De Jesus-Sanchez petitions for review of the Board of Immigration Appeals’ decision denying withholding of removal and protection under the Convention Against Torture. We dismiss in part and deny in part.

We lack jurisdiction to review an order of removal against an alien removable for having committed an aggravated felony, except over constitutional or legal claims or when denial of relief is on the merits of the claim. 8 U.S.C. § 1252 (a)(2)(C), (D); Perez-Palafox v. Holder, 744 F.3d 1138, 1144 (9th Cir.2014). To the extent De Jesus-Sanchez disputes the weight given to each piece of evidence about the loaded gun and the non-violent nature of his crime, we dismiss his challenge to the BIA’s conclusion that he committed a particularly serious crime and was ineligible for withholding of removal. To the extent De Jesus-Sanchez raises legal challenges to the BIA’s conclusion, his claims lack merit. The BIA relied on reliable evidence and considered relevant factors.

We have jurisdiction to review the BIA’s denial of deferral of removal under the Convention Against Torture because it was a decision on the merits. See Lemus-Galvan v. Mukasey, 518 F.3d 1081,…