Khodabakhshian

MEMORANDUM ***

Haitook Khodabakhshian, a native and citizen of Iran, petitions for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal from the Immigration Judge’s order removing him from the United States to Iran on the grounds that he was deportable as charged for having overstayed the termination of his asylum status in violation of 8 U.S.C. § 1227 (a)(1)(B); that he was an alien convicted of an aggravated felony and therefore ineligible for asylum, cancellation of removal, withholding of deportation, and voluntary departure under 8 U.S.C. §§ 1158 (b)(2)(B)(i), 1229b(a)(3), 1229b(b)(l)(C), and 1231(b)(3)(B)(ii); and that there was no immediate relief available to him pursuant to 8 U.S.C. §§ 1182 (h)(2) and 1255(a)(3) in the form of *871 adjustment of status. As we have jurisdiction, we dismiss the petition but will stay the mandate for 90 days to allow Khodabakhshian an opportunity to move the BIA to reopen proceedings to consider the applicability of the Torture Convention.

Section 306 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA) 1 only deprives this court of jurisdiction over petitions for review…