U.S. Court of Appeals for the Ninth Circuit, 2010

Contreras-Aguilar v. Holder

Contreras-Aguilar v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided August 31, 2010 · Leavy, Hawkins, Thomas
394 F. App'x 362

Contreras-Aguilar v. Holder

Opinion

MEMORANDUM **

Freddy Santiago Contreras-Aguilar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an *363 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.

Contreras-Aguilar 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The agency determined that Contreras-Aguilar is ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility.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). Contreras-Aguilar’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).

The government’s March 18, 2008, motion to hold this case in abeyance is denied as moot.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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