Mkrtchyan

MEMORANDUM *

Petitioner Aleksan Mkrtchyan, a native and citizen of Armenia, appeals the district court’s denial of his petition for habeas corpus. In his petition, Mkrtchyan argues that the Board of Immigration Appeals (“BIA”) erred in affirming an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a).

On May 11, 2005, while this case was pending, Congress enacted the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231, 310-11 (amending 8 U.S.C. § 1252 ). The Act amends the Immigration and Nationality Act, Pub.L. No. 82-414, 66 Stat. 163 (June 27, 1952), by eliminating federal habeas jurisdiction in favor of petitions for review that raise “constitutional claims or questions of law.” REAL ID Act § 106(a)(1). Consequently, we construe Mkrtchyan’s habeas petition as if it were a petition of review. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1053 (9th Cir.2005). We review de novo questions of subject matter jurisdiction. See Taniguchi v. Schultz, 303 F.3d 950, 955 (9th Cir.2002).

If a petitioner wishes to appeal a removal order, the…