Salinas-Gonzalez

concurring:

I concur in the result.

MEMORANDUM **

Carmen Salinas-Gonzalez (Salinas) appeals the district court’s denial of his petition for habeas corpus, which sought relief from an order of removal. This court may not review orders of removal on habeas review. See 8 U.S.C. § 1252 (a)(5). However, because this case was pending before the district court on the effective date of the REAL ID Act of 2005, Pub.L. No. 109-13, § 106 (c), 119 Stat. 231 , 310-11 (2005), we treat the appeal as a transfer, and conclude that we have jurisdiction to review Salinas’ timely-filed appeal as a petition for review. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1053 (9th Cir. 2005). We review the determination of the Board of Immigration Appeals (BIA), rather than the district court’s denial of habeas relief. See id.

During his removal proceeding, Salinas conceded that his conviction for attempted sexual abuse constituted an aggravated felony that rendered him deportable. See 8 U.S.C. § 1101 (a)(43)(A); 8 U.S.C. § 122T(a)(2)(A)(iii). He now contests the BIA’s denial of relief from removal under former INA § 212(c), 8 U.S.C. § 1182 (c) (1995). Although we generally have no jurisdiction to review denials of discretionary relief, 8…