Phan

MEMORANDUM ***

Doi Phan appeals the dismissal by the Board of Immigration Appeals (“BIA”) of his appeal from the Immigration Judge’s denial of his application for withholding of removal and relief under the Convention Against Torture (“CAT”). Because the parties are familiar with the factual and procedural history of this case, we need not recount it here. We grant the petition in part and deny it in part.

I

The BIA did not err in concluding Petitioner could be deported without termination of his refugee status. This issue is fully controlled by our decision in Kaganovich v. Gonzales, 470 F.3d 894 (9th Cir.2006), which found that an alien who arrived in the United States as a refugee pursuant to 8 U.S.C. § 1157 may be removed, even if his refugee status has never been terminated pursuant to 8 U.S.C. § 1157 (c)(4).

II

We have jurisdiction to review the denial of withholding of removal to the extent that a petitioner raises questions of law, including mixed questions of law and fact, or constitutional claims. Morales v. Gonzales, 478 F.3d 972, 978 (9th Cir.2007). Petitioner alleges the BIA applied the wrong legal standard in determining that his conviction was a “particularly…