Allen Tongco-Andrade v. Eric Holder, Jr.

MEMORANDUM

Allen Rod Tongco-Andrade (Tongco-Andrade), a native and citizen of the Philippines, petitions for review of the decision by the Board of Immigration Appeals (BIA) dismissing his challenge to a decision by the Immigration Judge (IJ) finding him removable, and denying his application for cancellation of removal.

We lack jurisdiction over Tongco-An-drade’s challenge to the BIA’s discretionary denial of cancellation of removal, and he does not otherwise raise a colorable constitutional claim or question of law regarding this issue. See Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir.2009). We do, however, have jurisdiction to determine as a matter of law whether Tongco-An-drade’s underlying predicate offenses render him removable. See Medino-Lara v. Holder, 771 F.3d 1106, 1111 (9th Cir.2014).

Tongco-Andrade’s petition for review is timely because it was filed within thirty days of the BIA’s second decision, which constituted a final order of removal. See 8 U.S.C. § 1252 (b)(1); see also Abdisalan v. Holder, 774 F.3d 517, 523 (9th Cir.2015), as amended (en banc). The BIA’s first decision was not a final removal order because it remanded to the IJ to re-assess…