Hernandez-Nolasco v. Lynch, No. 14-2036 (4th Cir. 2015)
Annotate this CasePetitioner, a native and citizen of Honduras, petitioned for review of the BIA's decision ordering him removed and denying his motion for reconsideration. The court held that the IJ and the BIA did not err in determining that petitioner was convicted of a "particularly serious crime" rendering him ineligible for withholding of removal under the Immigration and Naturalization Act, 8 U.S.C. 1231(b)(3)(8), and the Convention Against Torture (CAT). The court also held that the BIA did not abuse its discretion in denying petitioner's motion for reconsideration. Because petitioner was convicted of a state crime involving a controlled substance, the court lacks jurisdiction to review questions of fact underlying the present order denying him deferral of removal. Therefore, the court does not have jurisdiction to consider the merits of his claims for deferral or removal under the CAT. The court dismissed in part, and denied in part, the petitions for review.
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