Maya-Cruz

MEMORANDUM ***

Maya-Cruz appeals the determination of the Board of Immigration Appeals (“BIA”) holding him removable as an alien convicted of an aggravated felony. Because Maya-Cruz was ordered removed as an aggravated felon, this court lacks jurisdiction over Maya-Cruz’s petition except to review “constitutional claims or questions of law.” See 8 U.S.C. § 1252 (a)(2)(C)-(D); Morales-Alegria v. Gonzales, 449 F.3d 1051, 1053 (9th Cir.2006).

“Any alien who is convicted of an aggravated felony at any time after admission is deportable.” 8 U.S.C. § 1227 (a)(2)(A)(iii). An “aggravated felony” includes “a crime of violence ... for which the term of imprisonment [is] at least one year.” 8 U.S.C. § 1101 (a)(43)(F). Whether an offense is an aggravated felony under 8 U.S.C. § 1101 (a)(43) is a question of law that is not subject to the jurisdictional constraints of § 1252(a)(2)(C). See, e.g., Morales-Alegria, 449 F.3d at 1053 ; Valencia v. Gonzales, 439 F.3d 1046, 1048 (9th Cir.2006). “We review de novo whether a conviction under state law is a removable offense.” Morales-Alegria, 449 F.3d at 1053 .

Maya-Cruz was convicted of the misdemeanor crime of willful infliction of corporeal…