Balwant Bains v. Eric Holder, Jr.

MEMORANDUM

Balwant Singh Bains, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order, which found Bains removable under 8 U.S.C. § 1227 (a)(2)(B)(i), foreclosed asylum and cancellation of removal based on his prior commission of an aggravated felony, and denied all other relief. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009), and we review de novo questions of law and claims of due process violations in removal proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Bains was not eligible for cancellation of removal. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

The BIA did not err in determining that Bains’s conviction for receipt of stolen property under California Penal Code § 496(a), for which he was sentenced to at least one year imprisonment, constituted an aggravated felony…