Osmancevic

MEMORANDUM **

Fikret Osmancevic, a native and citizen of Bosnia-Herzegovina, petitions for review of the opinion by the Board of Immigration Appeals (BIA), affirming the decisions of an immigration judge (IJ) finding Osmancevic removable as an aggravated felon, and concluding that he could relocate to sections of Bosnia-Herzegovina, thus denying him relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D), and we deny the petition for review.

We have jurisdiction to consider whether Osmancevie’s conviction of “Sexual Penetration by Foreign Object” under California Penal Code § 289(a)(1) constituted an aggravated felony, because this is a question of law. See Valencia v. Gonzales, 439 F.3d 1046, 1048 (9th Cir.2006). Osmancevic has not waived the issue, because the BIA addressed it in its June 9, *3 2006 decision. See Ma v. Ashcroft, 361 F.3d 553, 558 (9th Cir.2004). We review de novo, giving deference where appropriate to the BIA’s legal determinations. See Ortiz-Magana v. Mukasey, 523 F.3d 1042, 1046 (9th Cir.2008).

Osmancevic’s conviction (for which he received a one-year sentence) qualifies as a crime of violence under 8 U.S.C. §…