Tabalanza

MEMORANDUM ***

Dunard Purísima Tabalanza, a native and citizen of the Phillippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. Tabalanza moved to reopen because his conviction under Cal Penal Code § 261.5(c) for unlawful sexual intercourse with a minor was reduced from a felony to a misdemeanor, and thus he is not an aggravated felon for immigration purposes. If Tabalanza is an aggravated felon, we lack jurisdiction. See Cedano-Viera v. Ashcroft, 324 F.3d 1062, 1064 (9th Cir.2003). We have jurisdiction only “to make sure as a matter of law that the alien’s conviction qualifies as an aggravated felony.” See id. We conclude that Tabalanza has been convicted of an aggravated felony for purposes of 8 U.S.C. § 1101 (a)(43)(A), and we dismiss the petition for review.

“ ‘Aggravated felony” is a term of art created by Congress to describe a class of offenses that subjects aliens convicted of those offenses to certain disabilities____ [A]n offense classified by state law as a misdemeanor can be an ‘aggravated felony” ... if the offense otherwise conforms to the federal definition of ‘aggravated felony” found in 8 U.S.C. § 1101…