Chertoff

MEMORANDUM **

Petitioner Thanh Phuoc Luong appealed from the district court’s denial of a writ of habeas corpus. We construe his appeal as a petition for review of an order of the Board of Immigration Appeals (BIA) pursuant to the REAL ID Act. Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1053 (9th Cir.2005). Luong raises due process claims and contests the denial of relief under the Convention Against Torture (CAT) and the denial of his motion to reopen and remand for adjustment of status.

We have jurisdiction to review constitutional claims, issues of law, and denials of CAT relief. 8 U.S.C. § 1252 . We also have jurisdiction to review a denial of a motion to reopen if the motion was based on a new basis for relief not previously decided by the BIA. Fernandez v. Gonzales, 439 F.3d 592, 598 (9th Cir.2006). Where the BIA affirms the Immigration Judge (IJ) without opinion, we review the IJ’s decision. Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999).

1. Contrary to Luong’s assertion, no due process violation occurred when the IJ followed the direction of the BIA on remand and denied cancellation of removal. Under the law of the case doctrine, the failure to depart from an…