Roneel Singh v. Loretta E. Lynch

MEMORANDUM

Roneel Singh (Petitioner), a native and citizen of Fiji, petitions for review of a decision by the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

Because the Petitioner has been convicted of an aggravated felony, and was removable on that basis, our jurisdiction to review the BIA and the IJ’s determination that the Petitioner was statutorily ineligible for withholding of removal is limited to colorable legal or constitutional claims. 8 U.S.C. § 1252 (a)(2)(C), (D); Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009).

Neither of the Petitioner’s arguments regarding the IJ and the BIA’s determination that he was convicted of a particularly serious crime is a colorable legal or constitutional claim. The Petitioner first contends that the IJ and the BIA failed to individually consider the circumstances of his case. In determining whether a con viction was for a particularly serious crime, the BIA considers “the nature of the conviction, the circumstances and underlying facts of the conviction, the type of sentence…