Bhan

*605 MEMORANDUM *

Praveen Kumar Bhan petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the Immigration Judge (IJ), who found that petitioner’s Washington state conviction for fourth degree assault (domestic violence), see Wash. Rev.Code §§ 9A.36.041, 10.99.020(3)(d), constituted a “crime of violence” under 18 U.S.C. § 16 . Because a “crime of violence” is an aggravated felony for purposes of immigration law, see 8 U.S.C. § 1101 (a)(43)(F), the IJ found that Bhan was removable and ineligible for discretionary relief. See 8 U.S.C. §§ 1227 (a)(2)(iii), 1229b(b)(1)(C). 1 We grant Bhan’s petition for review because his Washington conviction is not a crime of violence.

We do not have jurisdiction to review “any final order of removal against an alien who is removable by reason of having committed [an aggravated felony,]” 8 U.S.C. § 1252 (a)(2)(C), but we have jurisdiction to determine whether the jurisdictional bar applies in a given case, see Murillo-Espinoza v. INS, 261 F.3d 771, 773 (9th Cir.2001), and to review questions of law raised in a petition for review, 8 U.S.C. § 1252 (a)(2)(D).

Although in proceedings before the IJ Bhan appears to…