Jayme
Jayme v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
McJames Jayme (“Jayme” or “Petitioner”), a native of the Philippines, seeks review of an order issued by the Board of Immigration Appeals (“BIA”), determining that he had not established a valid claim of ineffective assistance of counsel or of United States citizenship, and dismissing his appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b)(5) for review of Petitioner’s claim of citizenship and nationality arising under 8 U.S.C. § 1432 (a) (now repealed). We-have jurisdiction to determine whether Jayme: (1) is an alien who; (2) is removable because; (3) he was convicted of an aggravated felony. See Matsuk v. INS, 247 F.3d 999, 1000-02 (9th Cir.2001). We review legal questions under the INA de novo, although the BIA’s interpretation of the meaning of *670 the statute is entitled to deference. See Ladha v. INS, 215 F.3d 889, 896 (9th Cir.2000).
Jayme concedes that he was convicted for battery with a deadly weapon, for which a sentence of 96 months was imposed. Thus, he is an aggravated felon removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) if he is an alien.
Jayme also concedes that he does not meet the statutory conditions for citizenship provided in 8 U.S.C.…