Opinion
No. 10-70627.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 14, 2011.
Smirna Ayala, Law Offices of Ronzio Associates, Frank E. Ronzio, Ronzio Associates, Los Angeles, CA, for Petitioner.
Anna Nelson, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A090-112-666.
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Eugenio Ortega-Cazarrubia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BLA") 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, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we deny the petition for review.
Ortega-Cazarrubia does not challenge the agency's determination that he is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1989 conviction for sexual battery under California Penal Code § 243.4.
The BIA correctly determined that Ortega-Cazarrubia is ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 19%), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility. See 8 C.F.R. § 1212.3(f)(5). Ortega-Cazarrubia'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) (per curiam).