Pineda Apoldo v. Ashcroft

MEMORANDUM, ***

Henry Pineda Apoldo, a native and citizen of the Philippines, entered the United States as a legal permanent resident in 1985. On October 26, 1992, Apoldo pleaded guilty under California Penal Code § 288(c) to committing lewd and lascivious acts upon a child. In 2001, he was charged under 8 U.S.C. § 1227 (a)(2)(A)(iii) as being deportable by reason of his conviction of an “aggravated felony.” Apoldo admitted the charges, and the immigration judge (IJ) denied his request for relief under former INA § 212(c), 8 U.S.C. § 1182 (c) (repealed in 1996). Apoldo now petitions for review of the Board of Immigration Appeals’ (BIA) order summarily affirming the IJ’s order of removal. We dismiss the petition.

We have no jurisdiction to review the IJ’s order of removal if Apoldo was, in fact, removable for his conviction of an “aggravated felony.” 8 U.S.C. § 1252 (a)(2)(C) (“Notwithstanding any other provision of law, no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed [an ‘aggravated felony’].”). We do have jurisdiction, however, to determine our own jurisdiction or lack thereof. Cedano-Viera v.…