Fredy Palma-Espinal v. Eric H. Holder, Jr.

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Lavenski R. Smith and Steven M. Colloton (UNPUBLISHED) [4041380] [12-3089]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3089
___________________________
Fredy Rene Palma-Espinal
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney General of the United States
lllllllllllllllllllllRespondent
____________
Petition for Review of an Order of the
Board of Immigration Appeals
____________
Submitted: May 29, 2013
Filed: June 3, 2013
[Unpublished]
____________
Before MURPHY, SMITH, and COLLOTON, Circuit Judges.
____________
PER CURIAM.
Fredy Rene Palma-Espinal, a native and citizen of Honduras, petitions for
review of an order of the Board of Immigration Appeals, which affirmed an
immigration judge’s denial of his application for deferral of removal under the
Convention Against Torture. We lack jurisdiction to review Palma-Espinal’s petition
for review because he was found to be removable as an alien who was convicted of

Appellate Case: 12-3089

Page: 1

Date Filed: 06/03/2013 Entry ID: 4041380

an aggravated felony and he does not raise in his brief any legal question or
constitutional claim to challenge that finding. See 8 U.S.C. § 1252(a)(2)(C) (no court
shall have jurisdiction to review final order of removal against alien who is
removable by reason of committing criminal offense covered under, inter alia, 8
U.S.C. § 1227(a)(2)(A)(iii) (alien who is convicted of aggravated felony is
removable)); Doe v. Holder, 651 F.3d 824, 828 (8th Cir. 2011) (where alien has been
convicted of aggravated felony, appeals court has jurisdiction to review final order
of removal only to extent that alien’s petition for review presents constitutional
claims or questions of law).
Accordingly, we dismiss the petition for review.
______________________________

-2-

Appellate Case: 12-3089

Page: 2

Date Filed: 06/03/2013 Entry ID: 4041380