Gomez-R

MEMORANDUM **

Petitioner seeks review of the final order of the Board of Immigration Appeals (“BIA”) finding him removable under section 237(a) (2) (A) (iii) of the Immigration and Nationality Act for having committed an aggravated felony, finding his conviction to be for a “particularly serious crime,” and denying his request for deferral of removal under the Convention Against Torture (“CAT”). We deny the portion of the petition concerning Petitioner’s conviction for an aggravated felony, dismiss for lack of jurisdiction the portion concerning the BIA’s “particularly serious crime” determination, and grant and remand for further consideration the portion concerning deferral of removal under CAT.

1. The BIA did not err by finding Petitioner removable because his conviction was for an aggravated felony. We have jurisdiction over the legal question whether the BIA properly held that a conviction under California Penal Code section 288(a) constitutes “sexual abuse of a minor” within the meaning of 8 U.S.C. § 1101 (a)(43)(A). Chuen Piu Kwong v. Holder, 671 F.3d 872, 876 (9th Cir.2011), cert. denied, — U.S. —, 133 S.Ct. 2885 , 186 L.Ed.2d 933 (2013). We review that question de novo.…