Sung Hwan Pae v. Keisler

MEMORANDUM ****

I. BACKGROUND

Pae argues on appeal that the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) failed to adequately substantiate the various holdings resulting in the ultimate determination of removability. Accordingly, Pae argues he is unable to determine the bases upon which the IJ made a determination or upon which the IJ made particular conclusions. Pae seeks a remand for these determinations.

II. DISCUSSION

A. Jurisdiction

1. Order of Removal

Under 8 U.S.C. § 1252 (a)(2)(C), this court lacks jurisdiction “to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in section ... 1227(a)(2) (A) (iii) [Aggravated Felony].” The BIA held that Pae was an aggravated felon. This court has jurisdiction to determine whether it has jurisdiction. Morales v. Gonzales, 478 F.3d 972, 977 (9th Cir.2007). That requires a threshold determination regarding Pae’s status. We agree that Pae’s conviction for second-degree child molestation makes Pae an “aggravated felon” as that term is contemplated by the Immigration and Nationality Act (INA).

Although at a preliminary hearing and in his…