Angela Rolon De Gomez v. Eric Holder, Jr.

MEMORANDUM

Angela Rolon de Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from an Immigration Judge’s denial of her application for cancellation of removal, or, alternatively, withholding of removal and protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

1. We lack jurisdiction to review the denial of Petitioner’s application for cancellation of removal because her 1998 conviction for welfare fraud under Cal. Welf. & Inst.Code § 10980 is an aggravated felony covered by 8 U.S.C. § 1252 (a)(2)(C). Any crime that involves fraud or deceit where the loss to the victim exceeds $10,000 is an aggravated felony. 8 U.S.C. § 1101 (a)(43)(M)(i). Petitioner concedes that her crime involved fraud, and Petitioner agreed in 1998 to pay $18,594 in restitution as part of her probation. While Petitioner’s conviction was reduced to a misdemeanor in 2007, there is no evidence that the conviction was reduced because the loss to the victim was…