Fermin Nieves-Medrano v. Eric Holder, Jr.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FERMIN NIEVES-MEDRANO, AKA 

Fermin Nedrano Nieves, No. 09-71949 Petitioner, v.  Agency No.

A044-546-455

ERIC H. HOLDER JR., Attorney

ORDER

General, Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Submitted October 19, 2009

Filed January 7, 2010

Before: Stephen S. Trott, William A. Fletcher and Johnnie B. Rawlinson, Circuit Judges.

COUNSEL

Fermin Nieves-Medrano, Pro se, petitioner.

Michelle Y. F. Sarko, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

ORDER

Petitioner was convicted of carjacking in violation of Cali- fornia Penal Code § 215 and sentenced to three years of 467 468 NIEVES-MEDRANO v. HOLDER imprisonment. The Board of Immigration Appeals (“BIA”) affirmed the Immigration Judge’s finding that petitioner was removable for an aggravated felony “crime of violence.” Peti- tioner seeks review of the BIA’s decision. We have jurisdic- tion to review constitutional claims and questions of law. See 8 U.S.C. § 1252(a)(2)(D); Lisbey v. Gonzales, 420…