Does the Court have jurisdiction to review whether a criminal conviction under the INA is an aggravated felony?

MultiRegion, United States of America

The following excerpt is from Flores v. Barr, 930 F.3d 1082 (9th Cir. 2019):

But as the government admits, we have recognized two exceptions to this jurisdiction-stripping provision that apply in this case. First, 1252(a)(2)(C) does not preclude "review of constitutional claims or questions of law," id. 1252(a)(2)(D), including the question whether a particular conviction is an aggravated felony under the INA. See, e.g. , Diego v. Sessions , 857 F.3d 1005, 1011 (9th Cir. 2017). Thus, to the extent Flores argues that his conviction under 288(a) does not qualify as an aggravated felony, we have jurisdiction to review that purely legal question.

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