Santos-Melitante

MEMORANDUM *

Petitioner Rhodora Santos Militante challenges a Board of Immigration Appeals’ decision finding her removable for having been convicted of an aggravated felony and ineligible for withholding of removal for having committed a particularly serious crime. We deny the petition in part and dismiss in part for lack of jurisdiction.

Our jurisdiction is governed by 8 U.S.C. § 1252 as amended by the REAL ID Act, which applies retroactively to this case. REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231 (2005); Fernandez-Ruiz v. Gonzales, 410 F.3d 585, 587 (9th Cir.2005). We have no jurisdiction to review “any final order of removal against an alien who is removable by reason of having committed a criminal offense,” including an aggravated felony and conviction relating to a controlled substance. 8 U.S.C. §§ 1252 (a)(2)(C), 1227(a)(2)(A)(iii), (B). Nor do we have jurisdiction over any “decision or action of the Attorney General ... the authority for which is specified ... to be in [his] discretion.” 8 U.S.C. § 1252 (a)(2)(B)(ii). However, we are not barred from hearing constitutional claims or questions of law. 8 U.S.C. § 1252 (a)(2)(D). We review constitutional and legal…