denied. PETITION DISMISSED IN PART AND DENIED IN PART. ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 . Torres does not contest the IJ's finding that he committed an aggravated felony and is therefore ineligible for asylum under 8 U.S.C. § 1252(a)(2)(C); he merely argues that his aggravated felony conviction did not constitute a particularly serious crime, a sufficient finding to disqualify him from withholding of removal relief. 2 . The government argues that 8 U.S.C. § 1252(a)(2)(C) also bars our jurisdiction of Torres’s CAT claim. We disagree because in denying relief under the CAT, the BIA considered the merits and did not rely on Torres's prior conviction. Brezilien v. Holder, 569 F.3d 403, 410 (9th Cir.2009)
recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted holding that as to factual issues when an ij does not rely on an aliens conviction in denying cat relief and instead denies relief on the merits none of the jurisdictionstripping provisions  apply to divest this court of jurisdiction ellipsis in original internal quotation marks omitted recognizing that an aliens ability to secure reopening depends on a demonstration of prima facie eligibility for relief which means she must show a realistic chance that she will be able to obtain such relief internal quotation marks omitted holding that the attorney generals discretionary power to suspend deportation did not apply to aliens within the country on parole because parole by statute was not to be regarded as an admission of the alien citation and internal quotation marks omitted holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original