FILED NOT FOR PUBLICATION JUN 11 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

EDGAR AGBAYANI AGBAYANI, No. 06-72906 Petitioner, Agency No. A023-127-060 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submission Deferred May 5, 2009 Submitted June 11, 2010 ** San Francisco, California Before: KOZINSKI, Chief Judge, BYBEE and CALLAHAN, Circuit Judges.

* 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), and orders the case submitted contemporaneously with the filing of this disposition. page 2 The BIA did not err by concluding that petitioner is ineligible for relief under former section 212(c) of the INA. See Abebe v. Mukasey, 554 F.3d 1203, 1205–07 (9th Cir. 2009) (en banc).

DENIED.