Tajimaroa-Mendoza

MEMORANDUM *

Gilberto Carlos Tajimaroa-Mendoza petitions for review of the Board of Immigration Appeals’ (BIA’s) affirmance of an Immigration Judge’s decision denying his application for a waiver of inadmissibility and adjustment of status. We deny the petition for review.

Regardless of statutory jurisdictional limits, we retain jurisdiction in immigration cases over “constitutional claims and questions of law.” Fernandez-Ruiz v. Gonzales, 410 F.3d 585, 587 (9th Cir.2005), adopted in relevant pari, 466 F.3d 1121, 1124 (9th Cir.2006) (en banc). Tajimaroa raises two issues that are within our jurisdiction, namely that (1) the Attorney General exceeded his authority in promulgating 8 C.F.R. § 212.7 (d), and (2) the BIA applied an incorrect legal standard in determining that Tajimaroa had been convicted of a dangerous crime. Contrary to the government’s assertion, we have jurisdiction over this petition for review. Mejia v. Gonzales, 499 F.3d 991, 998-99 (9th Cir.2007).

Tajimaroa’s argument that the Attorney General exceeded his authority in promulgating the regulations is foreclosed by Mejia. Id. at 995-97 .

Tajimaroa’s second argument fails as well. There is no question that the…