Ekwere

MEMORANDUM **

Morgan Etop Ekwere, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an immigration judge’s (“IJ”) denial of his application for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1105a(a) and apply the transitional rules. Kankamalage v. INS, 335 F.3d 858, 861 (9th Cir.2003). We review for substantial evidence the BIA’s factual findings underlying its determination that an alien is ineligible for asylum or withholding of deportation, Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997), or protection under the CAT, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). Whether an offense is an aggravated felony or a particularly serious crime under the immigration laws is a legal question subject to de novo review, but with deference to the BIA’s interpretation of the statute. Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir.2004); Ramirez-Ramos v. INS, 814 F.2d 1394, 1396 (9th Cir.1987). We deny the petition for review.

The record establishes that Ekwere was convicted of a drug trafficking felony in Arizona and…