Ovsep Poladyan v. Eric Holder, Jr.

MEMORANDUM

Petitioner Ovsep Aleksanovich Poladyan (“Poladyan”), a native of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision denying Poladyan asylum under the Immigration and Nationality Act (“INA”), withholding of removal under the INA, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . An exception to the jurisdiction stripping provision of § 1252(a)(2)(C) allows us to determine whether Poladyan was convicted of an aggravated felony. Cedano-Viera v. Ashcroft, 324 F.3d 1062, 1064-65 (9th Cir.2003). The jurisdiction stripping provision also does not apply to our review of Pola-dyan’s claims of withholding of removal and relief under CAT because the BIA denied these claims on the merits. Bromfield v. Mukasey, 543 F.3d 1071, 1075 (9th Cir.2008). We deny the petition for review.

The BIA did not err in concluding that the conviction record establishes that Po-ladyan was convicted of possession of methamphetamine for sale, an aggravated felony which renders him ineligible for asylum. 8 U.S.C. § 1158 (b)(2)(A)(ii), (b)(2)(B)(i). The BIA properly…