Ortiz

MEMORANDUM **

Alvaro Gerardo Ortiz petitions for relief under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention Against Torture” or “CAT”), and requests adjustment of status because he is eligible for a skilled worker visa. 1 Ortiz previously filed an asylum application, but was denied relief because he stated that he had been convicted of drug trafficking in Guatemala. The Ninth Circuit denied Ortiz’s claim of ineffective assistance of counsel in showing asylum eligibility, and held that drug trafficking was an aggravated felony. Ortiz v. I.N.S., 179 F.3d 1148 (9th Cir.1999). The Ortiz court stayed the mandate for ninety days to give Ortiz the opportunity to file a motion to reopen and apply for Convention Against Torture relief. The BIA denied Ortiz’s motion to reopen and petition for Convention Against Torture relief and denied adjustment of status. Ortiz petitions for review of that denial.

We have jurisdiction to review the denial of Ortiz’s motion to reopen under 8 U.S.C. § 1105a(a) (1994) (repealed), because deportation proceedings were initiated against Ortiz before the Illegal…