Rafael Monge v. Eric Holder, Jr.

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UNPUBLISHED OPINION FILED. [10-60007 Dismissed For Lack of Jurisdiction] Judge: TMR , Judge: JLD , Judge: EBC Mandate pull date is 12/13/2010 [10-60007]

Rafael Monge v. Eric Holder, Jr. Case: 10-60007

Document: 00511271124 Page: 1 Date Filed: 10/22/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-60007 S u m m a r y Calendar October 22, 2010 Lyle W. Cayce Clerk

R A F A E L ANTONIO MONGE, also known as Rafael Antonio Navarrette Monge, P e titio n e r v. E R I C H. HOLDER, JR., U. S. ATTORNEY GENERAL, R espon dent

P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A095 030 254

B e fo r e REAVLEY, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* R a fa e l Antonio Monge, a native and citizen of El Salvador, was charged w it h being removable as an alien not lawfully admitted or paroled and as an a lie n convicted of a controlled substance offense under 8 U.S.C.

§ 1227(a)(2)(B)(i). Monge admitted the allegations and conceded removability o n the charges. The Immigration Judge found Monge removable and denied his a p p lic a t io n for withholding of removal and protection under the Convention

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

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Case: 10-60007 Document: 00511271124 Page: 2 Date Filed: 10/22/2010 No. 10-60007 A g a in s t Torture. The Board of Immigration Appeals dismissed Monge's appeal. Monge now petitions this court for review. M o n g e argues that his documentary and testimonial evidence showed that h e was entitled to withholding of removal. Monge does not renew his challenge t o the denial of protection under the Convention Against Torture. Therefore, the c la im is abandoned. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). T h e respondent contends that this court lacks jurisdiction under 8 U.S.C. § 1252(a)(2)(C) to review Monge's claim regarding the finding that he was in e lig ib le for withholding of removal. M o n g e was found removable for having been convicted of a controlled s u b s t a n c e offense as set forth in § 1227(a)(2)(B)(i). When an alien is removable u n d e r § 1227(a)(2)(B)(i), this court lacks jurisdiction to review the final order of r e m o v a l. § 1252(a)(2)(C); Flores-Garza v. INS, 328 F.3d 797, 801-02 (5th Cir. 2 0 0 3 ). However, this court retains jurisdiction over constitutional claims and q u e s t io n s of law. § 1252(a)(2)(D); Moreira v. Mukasey, 509 F.3d 709, 711 n.1 (5th C ir . 2007). M o n g e does not raise any constitutional claims or questions of law. Accordingly, we lack jurisdiction to review the final order of removal. See Alwan v . Ashcroft, 388 F.3d 507, 515 (5th Cir. 2004). D IS M IS S E D . The petition for review is

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