Ramon Rodriguez-Orozco v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Ramon Rodriguez-Orozco v. Eric Holder, Jr., 411 F. App'x 990 (9th Cir. 2011)

Ramon Rodriguez-Orozco v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Ramon Rodriguez-Orozco, a native and citizen of Mexico, petitions for review from a 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, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the petition for review.

The agency did not err in concluding that Rodriguez-Orozco is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 2007 conviction for lewd or lascivious acts with a child under 14 years of age in violation of Cal.Penal Code § 288(a). See United States v. Baron-Medina, 187 F.3d 1144, 1146-47 (9th Cir. 1999) (“The use of young children for the gratification of sexual desires constitutes an abuse.”).

Rodriguez-Orozco’s contention that United States v. Medina-Villa, 567 F.3d 507 (9th Cir. 2009), conflicts with Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008) (en banc), is foreclosed. See United States v. Valencia-Barragan, 608 F.3d 1103, 1107 n. 2 (9th Cir. 2010). Rodriguez-Orozco’s contention that Nijhawan v. Holder, -U.S. -, 129 S.Ct. 2294, 174 L.Ed.2d 22 (2009), effectively overruled Medinar-Villa is unpersuasive.

In light of our disposition, we need not address whether Rodriguez-Orozco is also removable based on his 1987 conviction for violating CaLPenal Code § 288(a).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Ramon RODRIGUEZ-OROZCO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished