Oscar Magana-Cortez v. Loretta E. Lynch

MEMORANDUM

Oscar Magana-Cortez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision finding him removable and denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir. 2012), and review for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We review for abuse of discretion the denial of a continuance. Garcia v. Lynch, 798 F.3d 876, 881 (9th Cir. 2015). We dismiss in part and deny in part the petition for review.

Magana-Cortez does not challenge the agency’s determination that his conviction for possession of cocaine with intent to deliver is an aggravated felony that renders him removable, and statutorily ineligible for asylum. Because of the aggravated felony, we lack jurisdiction to review the agency’s determination that his conviction is a particularly serious crime that bars him from -withholding of removal, and he…