* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-60275 Summary Calendar

ENYEW MANAYE HAILU, Petitioner, v. MICHAEL B. MUKASEY, US ATTORNEY GENERAL, Respondent.

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A46 260 091
Before KING, DENNIS, and OWEN, Circuit Judges. PER CURIAM: * Enyew Manaye Hailu petitions for reviewofa final order ofremoval ofthe Board of Immigration Appeals (BIA) that affirmed the determination that he was removable as an aggravated felon pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) and the denial ofhis applications for asylum under 8 U.S.C. § 1158, withholding of removal under 8 U.S.C. § 1231(b)(3), and protection under the Convention Against Torture, 8 C.F.R. §§ 1208.16(c), 1208.18. United States Court of Appeals Fifth Circuit 

### F I L E D November 21, 2008 Charles R. Fulbruge III ClerkNo. 07-60275

2 Although the respondent does not argue it, whether an appeal is moot is a jurisdictional issue because it implicates the Constitution’s Article III requirement of a live case or controvers y. We must raise the question of mootness sua sponte

, and we review the question de novo. U nited States v. Lares-Meraz, 452 F.3d 352, 355 (5th Cir. 2006). Hailu’s conviction for an aggravated felony has the col lateral consequence of making him permanently inadmissible to the United States. See 8 U.S.C. § 1182(a)(9)(A)(i)

- (ii) (barring re-entry of aliens removed for conviction of an aggravated felony). This collateral consequence prevents this case from being moot. See Alwan v. Ashcroft, 388 F.3d 507, 510-11 (5th Cir. 2004) (holding that due to the collateral consequence of permanent inadmissibility, deportation did not render the case moot).Congress has expressly barred judicial review of final orders of removal against an alien who is removabl e as an aggravated felon. 8 U.S.C. § 1252(a)(2)(C). After the enactment of the REAL ID Act of 2005, we now have jurisdiction, in cases otherwise covered by § 1252(a)(2)(C), to review questions
o f law or constitutional claims raised upon a petition for review. 8 U.S.C. § 1252(a)(2)(D). Hailu challenges his conviction for indecency with a child. He does not argue that it is not an aggravated felony. He argues that he was denied his constitutional rights because his attorney misled him and forced him to plead guilty by telling him that ifhe did not plead guilty, the INS would take away his green card. Hailu’s challenge to his state court conviction is not appropriate in this petition for review. A final conviction “provides a valid basis for deportation unless it isoverturned in ajudicial post-conviction proceeding.” Z innanti v. INS , 651 F.2d 420, 421 (5th Cir. 1981). Hailu has not alleged that his conviction has been overturned, and he may not collaterally attack thevalidity ofhis conviction in this immigration proceeding. See Brown v. INS , 856 F.2d 728, 731 (5th Cir. 1988).No. 07-60275

3 The other arguments in Hailu’s brief challenge the findings of fact made by the Immigration Judge (IJ) in denying his claims for withholding ofremoval. He states that he is seeking review because he disagrees with the decisions of the IJ and the BIA, and he contends that he has presented strong evidence and has met his burden of proof. He states that he has “Constitutional Claims,” but he does not state what they are. Hailu’s arguments do not raise questions of law or constitutional claims. We hold that we lack jurisdiction to review the BIA’s final order ofremoval. SeeAlwan, 388 F.3d at 515. Because we lack jurisdiction to review the final order of removal, the petition for review is DISMISSED.