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ALAKA v. ATTORNEY GENERAL OF U.S.

No. 05-1632.

456 F.3d 88 (2006)

Oyenike ALAKA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES; Secretary of Department of Homeland Security, Respondents.

United States Court of Appeals, Third Circuit.

Opinion Filed July 18, 2006.

Attorney(s) appearing for the Case

Joseph C. Hohenstein, Esquire (Argued), Orlow & Orlow, Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Christopher C. Fuller, Senior Litigation Counsel, Linda S. Wernery, Esquire, Lyle D. Jentzer, Esquire, Thankful T. Vanderstar, Esquire (Argued), U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: AMBRO and BECKER, Circuit Judges, STAGG, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Oyenike Alaka petitions for review of a final order of removal issued by the Board of Immigration Appeals ("BIA"). We conclude that the immigration judge ("IJ") erred in finding Alaka ineligible for withholding of removal as a person convicted of a "particularly serious crime," and accordingly we grant her withholding of removal petition and remand to the BIA. We do not have jurisdiction to consider the IJ's conclusion...

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