Grageola-Berumen v. Holder

397 F. App'x 320

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 27, 2010
• Docket: 05-76362
• Status: Unpublished

Opinion

MEMORANDUM **

Audon Grageola-Berumen, 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, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009), and we deny the petition for review.

Grageola-Berumen does not challenge the agency’s determination that he is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1996 conviction for continuous sexual abuse of a child under 14 years of age in violation of California Penal Code § 288.5.

The agency determined that Grageola-Berumen is ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of remov-ability lacks a statutory counterpart in a ground of inadmissibility. See 8 C.F.R. § 1212.3(f)(5). Grageola-Berumen’s legal challenges to this determination are foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1208 n. 7 (9th Cir.2009) (en banc).

The agency did not err in concluding that Grageola-Berumen’s sexual abuse of a minor aggravated felony conviction rendered him ineligible for relief pursuant to 8 U.S.C. § 1182(h). See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1055 (9th Cir.2005).

The government’s March 12, 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.