Prasad

MEMORANDUM **

James Michael Prasad, a native and citizen of Fiji, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) determination that he was convicted of an aggravated felony and its denial of his request for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo whether an offense is an aggravated felony, Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir.2004), and review for substantial evidence the denial of an application for withholding of removal and relief under the CAT, Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

The BIA correctly determined that Prasad’s conviction for second degree burglary under CaLPenal Code § 459 constituted an aggravated felony, because he pled guilty to a charge in his indictment that contained all of the elements of common law burglary and the term of imprisonment for the charge was at least one year. See United States v. Velasco-Medina, 305 F.3d 839, 850, 852 (9th Cir.2002).

Because the BIA did not predicate its…