Chertoff

MEMORANDUM ***

Rong Jian Xu (“Xu”), a United States permanent resident, appeals the district court’s order dismissing his 28 U.S.C. § 2241 habeas corpus petition, which challenged the order of removal entered by an immigration judge (“IJ”) and affirmed by the Board of Immigration Appeals (“BIA”). Because Xu’s appeal was pending before this Court when the President signed the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231, we construe Xu’s appeal as a timely filed petition for review, and review the BIA’s decision, not the district court’s order. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1052-53 (9th Cir.2005). We have jurisdiction under 28 U.S.C. § 1252 and we affirm.

In 1986, Xu was convicted of second degree robbery in violation of California Penal Code § 212.5(b) and received a five-year sentence. In 1993, Xu was convicted of kidnaping in violation of California Penal Code § 207(a) and received a nine-year sentence. The IJ found and the BIA affirmed that Xu was removable as an aggravated felon under INA § 241 (a) (2) (A) (iii), which provides that “any alien who is convicted of an aggravated felony at any time is deportable.” 8 U.S.C. § 1227 (a)(2)(A)(iii). On…