Jose Salazar-Carranza v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Jose Mauricio Salazar-Carranza, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition for review.
We lack jurisdiction to review the BIA’s order because Salazar-Carranza is removable for an aggravated felony crime of violence based on his conviction for second-degree robbery in violation of California Penal Code § 211. See 8 U.S.C. § 1252 (a)(2)(C); United States v. McDougherty, 920 F.2d 569, 573-74 (9th Cir.1990) (conviction under California Penal Code § 211 is categorically a crime of violence).
Salazar-Carranza’s challenge to the BIA’s denial of his motion to reopen so that he may pursue post-conviction relief does not raise a colorable constitutional claim that would restore our jurisdiction under 8 U.S.C. § 1252 (a)(2)(D). See Planes v. Holder, 652 F.3d 991, 996 (9th Cir.2011) (a conviction is final for immigration purposes where a judgment of guilt has been entered and a punishment imposed, even where an appeal or collateral attack is pending).