Ahmad

MEMORANDUM *

Mir Latif Ahmad, a native and citizen of Afghanistan, petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”) (No. 05-74547). He also challenges the BIA’s denial of his Motion to Reopen (No. 06-75286). These petitions have been consolidated on appeal.

The Immigration Judge (“IJ”) properly concluded that Ahmad is ineligible for withholding of removal. 1 At the time of his 1991 conviction, it was clear that withholding of removal did not apply to aliens convicted of “particularly serious crimes.” See 8 U.S.C. § 1253 (h)(2)(B) (1990) (“[Withholding of removal is not applicable if] the Attorney general determines that ... the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States”); Immigration *628 Act of 1990, Pub.L. No. 101-649, 104 Stat. 4978, § 515 (defining all aggravated felonies as particularly serious crimes). Moreover, because Ahmad chose to go to trial, he cannot show that he would have acted any differently had he known that his conviction would eventually be classified as an aggravated felony, see 8 U.S.C. § 1101 (a)(43)(A),…