Johnson v. Holder

MEMORANDUM **

Conard Whitmore Johnson, a native and citizen of Jamaica, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

We reject the government’s contention that we lack jurisdiction over this petition for review due to Johnson’s conviction because the agency did not rely on his conviction in denying his claims for asylum, withholding of removal, and CAT relief. See Bromfield v. Mukasey, 543 F.3d 1071, 1074-76 (9th Cir.2008) (finding jurisdiction over withholding of removal and CAT claims where agency denied claims on merits, not on the basis of petitioner’s conviction).

We lack jurisdiction to review Johnson’s adjustment of status claim, his procedural due process contentions, and his…