Miranda

MEMORANDUM ***

Petitioner Carlos Miranda, a citizen of El Salvador, petitions for review of a final administrative order of removal issued by the Immigration and Naturalization Service (“INS”) pursuant to Immigration and Nationality Act (“INA”) § 238(b), 8 U.S.C. § 1228 (b). Miranda was found removable under INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(iii), based on his conviction for the aggravated felony of possession for sale of a controlled substance.

Under INA § 242(a)(2)(C), 8 U.S.C. § 1252 (a)(2)(C), this Court lacks jurisdiction to review any final order of removal against an alien who is removable by reason of having committed an aggravated felony under 8 U.S.C. § 1227 (a)(2)(A)(iii). See Ye v. INS, 214 F.3d 1128, 1131 (9th Cir.2000). However, we do have “jurisdiction to determine our own jurisdiction,” and thus may consider the petition to the extent that it challenges whether the conviction that served as the basis of the final removal order was an aggravated felony. See id.

Miranda’s conviction on August 21, 1991, for possession for sale of a controlled substance, constitutes an aggravated felony as defined in 8 U.S.C. § 1101 (a)(43). Although Miranda…