UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2183
MIGUEL ANGEL LOPEZ-FERRUFINO,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: March 26, 2015 Decided: April 20, 2015
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, Arlington, Virginia,
for Petitioner. Joyce R. Branda, Acting Assistant Attorney
General, Mary Jane Candaux, Assistant Director, Robbin K. Blaya,
Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Miguel Lopez-Ferrufino, a native and citizen of Honduras,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the immigration
judge’s denial of his requests for withholding of removal and
protection under the Convention Against Torture. For the
reasons discussed below, we dismiss the petition for review.
Pursuant to 8 U.S.C. § 1252(a)(2)(C) (2012), we lack
jurisdiction, except as provided in 8 U.S.C. § 1252(a)(2)(D)
(2012), to review the final order of removal of an alien who is
removable for having been convicted of certain enumerated
crimes, including a controlled substance offense under 8 U.S.C.
§ 1227(a)(2)(B)(i) (2012). Under § 1252(a)(2)(C), we retain
jurisdiction “to review factual determinations that trigger the
jurisdiction-stripping provision, such as whether [Lopez-
Ferrufino] [i]s an alien and whether []he has been convicted of
a [controlled substance offense].” Ramtulla v. Ashcroft, 301
F.3d 202, 203 (4th Cir. 2002). Once we confirm these two
factual determinations, then, under 8 U.S.C. § 1252(a)(2)(C),
(D), we can only consider “constitutional claims or questions of
law.” § 1252(a)(2)(D); see Turkson v. Holder, 667 F.3d 523, 527
(4th Cir. 2012).
Because Lopez-Ferrufino conceded before the immigration
judge that he is a native and citizen of Honduras and that he is
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removable pursuant to 8 U.S.C. § 1227(a)(2)(B)(i), as an alien
who, at any time after admission, was convicted of a controlled
substance violation, other than a single offense involving
possession for one’s own use of 30 grams or less of marijuana,
we find that § 1252(a)(2)(C) divests us of jurisdiction over the
petition for review. * We therefore dismiss 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 DISMISSED
*
Lopez-Ferrufino does not raise any colorable questions of
law or constitutional issues that would fall within the
exception set forth in § 1252(a)(2)(D).
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