Caramat-Padilla

Caramat-Padilla v. Gonzales

Good Law
220 F. App'x 473
United States Court of Appeals for the Ninth CircuitJanuary 26, 2007No. 04-75435California517 words

Opinion

Lead Opinion

MEMORANDUM ***

Jaime Caramat-Padilla (“Caramat-Padilla”), a native and citizen of the Philippines, challenges the decision of the Board *474 of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of withholding of removal, of deferral of removal under the Convention Against Torture (“CAT”), and of asylum. The IJ found, and Caramat-Padilla does not challenge, that Caramat-Padilla was convicted of an aggravated felony under California Penal Code § 288(a) for a “lewd or lascivious act” upon a child under the age of fourteen.

First, Caramat-Padilla argues that the IJ improperly denied his claim for withholding of removal. Caramat-Padilla asks this court to conclude that the IJ “abused his discretion” in finding that he committed a “particularly serious crime.” We are prevented by 8 U.S.C. § 1252 (a)(2)(B)(ii) from reviewing certain discretionary decisions. Caramat-Padilla has not raised a constitutional claim or question of law which, under the REAL-ID Act, provide jurisdiction for this court’s review of petitions from aliens convicted of “aggravated felonies.” 8 U.S.C. § 1252 (a)(2)(D). Unlike Afridi v. Gonzales, 442 F.3d 1212, 1218 (9th Cir.2006),…

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