Garcia-De La Rosa v. Holder , 395 F. App'x 362 ( 2010 )

FILED
NOT FOR PUBLICATION SEP 07 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR GARCIA-DE LA ROSA, No. 05-73292
Petitioner, Agency No. A090-031-730
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 23, 2010 **
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Victor Garcia-De La Rosa, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
We review de novo questions of law and constitutional claims, Sandoval-Luna v.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008), and we deny the petition for
review.
Garcia-De La Rosa does not challenge the agency’s determination that he is
removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1991 conviction for
lewd or lascivious acts with a child under 14 years of age in violation of California
Penal Code § 288(a).
The agency determined that Garcia-De La Rosa is ineligible for relief under
former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of
removability lacks a statutory counterpart in a ground of inadmissibility. See
8 C.F.R. § 1212.3(f)(5). Garcia-De La Rosa’s legal and constitutional challenges
to this determination are foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1207 &
1208 n.7 (9th Cir. 2009) (en banc).
In light of our disposition, we need not address Garcia-De La Rosa’s
remaining contentions.
PETITION FOR REVIEW DENIED.
2 05-73292