Binyam Kifle v. Eric H. Holder Jr.

MEMORANDUM

Binyam Negash Kifle, a native and citizen of Sudan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) denial of his application for withholding of removal under 8 U.S.C. § 1231 (b)(3) and 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 the petition for review.

1. Although this court’s jurisdiction over the petition for review is limited because Petitioner is removable for having committed an aggravated felony covered by 8 U.S.C. § 1252 (a)(2)(C), we retain jurisdiction to review constitutional claims and questions of law presented by the petition. 8 U.S.C. § 1252 (a)(2)(D). We also retain jurisdiction to review factual questions raised by the BIA’s denial of Petitioner’s application for withholding of removal because the BIA denied his application on the merits, and not on the basis of his aggravated felony conviction. See Bromfield v. Mukasey, 543 F.3d 1071, 1075 (9th Cir.2008).

2. The BIA did not err when it found DHS had authority to remove Petitioner to Ethiopia. Even though the IJ did not…