Naing Aung Mon v. Jefferson B. Sessions, No. 16-4476 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Murphy and Kelly, Circuit Judges] Petition for Review - Immigration. The court lacks jurisdiction to review the petition because the underlying removal order was based on a determination that petitioner was removable due to his aggravated felony conviction, and he has not raised any constitutional claims or questions of law. [ September 14, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4476 ___________________________ Naing Aung Mon lllllllllllllllllllllPetitioner v. Jefferson B. Sessions, III, Attorney General of the United States of America lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: September 7, 2017 Filed: September 15, 2017 [Unpublished] ____________ Before WOLLMAN, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Naing Aung Mon, a native of Burma, petitions for review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judge’s (IJ’s) decision to terminate a prior grant of deferral from removal under the Convention Against Torture (CAT). We lack jurisdiction, because the underlying removal order was based on the determination that Mon was removable due to his aggravated felony conviction, and he has not raised any constitutional claims or questions of law for review. See 8 U.S.C. § 1251(a)(2)(C)-(D) (criminal alien bar); Gallimore v. Holder, 715 F.3d 687, 690 (8th Cir. 2013) (applying criminal alien bar to order denying CAT deferral). The petition for review is dismissed for lack of jurisdiction. ______________________________ -2-
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