Gerardo Jauregui-Montijo v. Eric Holder, Jr.

MEMORANDUM

Gerardo Jauregui-Montijo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision finding him removable as an alien convicted of an aggravated felony and denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, and review for substantial evidence the denial of CAT relief. Doissaint v. Mukasey, 538 F.3d 1167, 1170 (9th Cir.2008). We deny the petition for review.

Jauregui-Montijo contends that his carjacking conviction was not an aggravated felony under 8 U.S.C. § 1101 (a)(43)(G) because his sentence was vacated by the state court pursuant to California Penal Code § 1203.4(a). Jauregui-Montijo’s contention concerning his sentence is not supported by the record, and as he concedes, his conviction retains its immigration consequences despite having been set aside by the state court. See Ramirez-Castro v. INS, 287 F.3d 1172, 1175 (9th Cir.2002). We do not reach Jauregui-Montijo’s remaining contentions concerning his conviction.…