Casamalhuapa-Morales

MEMORANDUM ***

Daniel Casamalhuapa-Morales (“petitioner”), a native and citizen of El Salva *620 dor, petitions for review of the Board of Immigration Appeals’ (“BIA”) determination that he is removable pursuant to Immigration and Nationality Act (“INA”) § 101(a)(43)(A), 8 U.S.C. § 1101 (a)(43)(A). 1 The BIA concluded that petitioner’s 1978 conviction for “carnal abuse” under New Jersey Statutes § 2A:138-1 constituted an aggravated felony pursuant to § 101(a)(43)(A), and that petitioner was therefore ineligible for cancellation of removal, voluntary departure or relief under INA § 212(c).

We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D) to review final orders of removal involving “constitutional claims or questions of law.” See Morales-Alegria v. Gonzales, 449 F.3d 1051, 1053 (9th Cir.2006). Whether a particular conviction constitutes an “aggravated felony” under § 101(a)(43) is a question of law that we review de novo. Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir.2004).

On September 13, 1978, a jury convicted petitioner of “carnal abuse” under New Jersey Statutes § 2A:138-1, and he received a suspended sentence of 18 months with three years probation. The New…