Gonzalez-Mendoza

MEMORANDUM

Petitioner Antonio Gonzalez-Mendoza petitions from two decisions of the Board of Immigration Appeals (BIA). We deny his petition from the BIA’s decision of May 4, 2005, and dismiss his petition from the BIA’s July 18, 2005, denial of his motion for reconsideration.

1. May 4, 2005, BIA Decision

In its May 4, 2005, decision, the BIA dismissed Gonzalez-Mendoza’s appeal from the immigration judge’s (IJ’s) order of removal. We lack jurisdiction to review a discretionary decision to deny a 212(c) waiver, Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007), as well as orders of removal for aggravated-felon status, 8 U.S.C. § 1252 (a)(2)(C). We do, however, have jurisdiction to review any “constitutional claims or questions of law,” id. § 1252(a)(2)(D), which are examined de novo, Cervantes-Gonzales v. INS, 244 F.3d 1001, 1004 (9th Cir.2001). A denial of a claim for deferral of removal based on the Convention Against Torture (CAT) is reviewed for substantial evidence. Bellout v. Ashcroft, 363 F.3d 975, 979 (9th Cir.2004), superseded hy statute on other grounds as stated in Khan v. Holder, 584 F.3d 773 (9th Cir.2009); see also Delgado v. Holder, 563 F.3d 863, 874…