Aleman

MEMORANDUM **

Wilmer Salvador Aleman, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing an appeal of the Immigration Judge’s (“IJ”) decision finding that Aleman’s conviction under California law for assault with a deadly weapon qualified as an aggravated felony as defined by INA § 101(a)(43)(F), 8 U.S.C. § 1101 (a)(43)(F), and constituted a “particularly serious crime,” therefore, denying him asylum and withholding of removal. The BIA also found that the IJ did not err in determining Aleman had not demonstrated that he was entitled to deferral of removal under the Convention Against Torture (“CAT”).

Our jurisdiction is governed by section 242 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1252 (2000), as amended by the Real ID Act of 2005, Pub.L. No. 109-13, Div. B, § 106, 119 Stat. 231 . Our review is limited by INA § 242(a)(2)(C), 8 U.S.C. § 1252 (a)(2)(C), which in part provides that “no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed” certain criminal offenses, including aggravated felonies. Whether an…