United States Seventh Circuit

Petition for review of denial of withholding of removal is dismissed for lack of jurisdiction where: 1) the decision whether the petitioner's conviction was for a "particularly serious" crime is discretionary and not subject to review; 2) petitioner's conviction was for an aggravated felony, which blocks review of the removal order; 3) the aggravated felony rule contains no exception for claims under the Convention Against Torture; and 4) there were no legal or constitutional claims that would give the court jurisdiction.

Appellate Information

• Decided 10/06/2006
• Published 10/06/2006

Judges

• EASTERBROOK, Circuit Judge., Before POSNER, EASTERBROOK, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Maria T. Baldini-Potermin (argued), Pollock & Associates, Chicago, IL, for Petitioner.


• For Appellees:
  
• Karen Lundgren, Department of Homeland Security, Office of the Chief Counsel, Chicago, IL, Joshua E. Braunstein (argued), Jennifer A. Levings, Margot L. Nadel, Department of Justice, Washington, DC, for Respondent.