Mau

MEMORANDUM

Eparama Tuitogalevu Mau, a native and citizen of Fiji, petitions pro se for review of the Board of Immigration Appeals (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his applications for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the IJ’s particularly serious crime determination. Arbid v. Holder, 700 F.3d 379, 383 (9th Cir.2012). We review for substantial evidence the IJ’s factual findings, id. at 385-86 , and review de novo due process claims and question of law, id. at 385 n. 3. We deny the petition for review.

The IJ did not abuse his discretion in determining that Mau’s conviction for driving under the influence and causing bodily injury in violation of California Vehicle Code § 23153(b) is a particularly serious crime rendering him ineligible for withholding of removal. See id. at 385; 8 U.S.C. § 1231 (b)(3)(B)(ii). The IJ applied the proper legal standard as set forth in Matter of Frentescu, 18 I. & N. Dec. 244 (BIA 1982), and did not err in considering the abstract of judgment or evidence outside the record of…