Than Min v. Holder , 397 F. App'x 325 ( 2010 )

FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
THAN MIN, No. 06-70205
Petitioner, Agency No. A027-290-868
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Than Min, a native and citizen of Cambodia, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s order denying his motion to reopen. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen, Cano-
*
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).
Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and de novo questions of law,
Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the
petition for review.
The agency properly denied Min’s motion to reopen to apply for relief under
former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because he agreed to
plead guilty pursuant to a plea agreement made after April 1, 1997, see 8 C.F.R.
§ 1003.44(b)(2), and because his crime of violence aggravated felony ground of
removability lacks a statutory counterpart in a ground of inadmissibility, see
Aguilar-Ramos v. Holder, 594 F.3d 701, 706 (9th Cir. 2010).
Min’s due process retroactivity contentions are unavailing. See Saravia-
Paguada v. Gonzales, 488 F.3d 1122, 1132-33 (9th Cir. 2007) (the past relevant
conduct for the retroactivity analysis is the alien’s decision whether to enter a
guilty plea or proceed to trial, not the commission of the underlying crime).
PETITION FOR REVIEW DENIED.
2 06-70205