Garcia-De La Rosa v. Holder

MEMORANDUM **

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The agency determined that Garcia-De La Rosa is ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility.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