UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1651
RODNEY SALOMON,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-040-919)
Submitted: October 31, 2006 Decided: November 29, 2006
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Rodney Salomon, Petitioner Pro Se. Michele Yvette Francis Sarko, M.
Jocelyn Lopez Wright, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rodney Salomon, a native and citizen of Haiti, petitions
for review of an order of the Board of Immigration Appeals (Board)
affirming without opinion the Immigration Judge’s denial of
deferral of removal under the Convention Against Torture. Salomon
first contends that the Board erred in denying his appeal without
explicitly considering his challenge to the denial of deferral of
removal. Construing this as a due process challenge, we find it to
be without merit. See Blanco de Belbruno v. Ashcroft, 362 F.3d
272, 280-83 (4th Cir. 2004). Next, Salomon disputes the
Immigration Judge’s finding that he does not qualify for deferral
of removal. Because Salomon is an aggravated felon, we conclude
that we are without jurisdiction to review this claim. See 8
U.S.C.A. § 1252(a)(2)(C) (West 2005).
We accordingly deny in part and dismiss in part the
petition for review. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
PETITION DENIED IN PART
AND DISMISSED IN PART
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