Perez-Valdivia

MEMORANDUM **

Hector Horacio Perez-Valdivia petitions for review of the Board of Immigration Appeals’ (BIA) order affirming an Immigration Judge’s (IJ) decision ordering him removed. Perez-Valdivia contends that he is not removable under INA (Immigration and Nationalization Act) section 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(iii), because his conviction for spousal rape in violation of California Penal Code section 262(a) does not eonsti- *638 tute an “aggravated felony” as defined in INA section 101(a)(43)(F), 8 U.S.C. § 1101 (a)(43)(F). Perez-Valdivia also asserts that his due process rights were violated because the Notice to Appear (NTA) did not list the applicable subsection of the definition of “aggravated felony” and the IJ did not properly apprise Perez-Valdivia of the consequences of conceding remova-bility. We dismiss the petition in part for lack of jurisdiction and deny it in part.

Perez-Valdivia does not contest the IJ’s finding that his conviction for corporal injury to a spouse in violation of California Penal Code section 273.5(a) constitutes an aggravated felony. Therefore, Perez-Valdivia has waived the issue of whether his corporal injury to a spouse…