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

Rodriguez Maravilla v. Holder

Rodriguez Maravilla v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 26, 2010 · Fernandez, Gould, Smith
367 F. App'x 857

Rodriguez Maravilla v. Holder

Opinion

MEMORANDUM **

Berzelius Rodriguez Maravilla, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition for review.

The record of conviction includes numerous court documents establishing that Ma-ravilla was convicted of “sexual assault in the third degree” in violation of Haw.Rev. Stat. § 707-732(l)(b). See 8 U.S.C. § 1229a(c)(3)(B).

Maravilla does not challenge the agency’s conclusion that a conviction for violating section Haw.Rev.Stat. § 707-732(l)(b) is an aggravated felony under 8 U.S.C. § 1101(a)(43)(A). See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived). Accordingly, the agency did not err in concluding Maravilla was removable.

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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