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


PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Lavenski R. Smith and Steven M. Colloton (UNPUBLISHED) [4041380] [12-3089]

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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for Review of an Order of the Board of Immigration Appeals ____________ Submitted: May 29, 2013 Filed: June 3, 2013 [Unpublished] ____________ Before MURPHY, SMITH, and COLLOTON, Circuit Judges.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

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