Mendez Camarillo, et al v. Holder, No. 06-70921 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 31 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FRANCISCO MENDEZ CAMARILLO, Petitioner, No. 06-70921 Agency No. A092-928-816 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Francisco Mendez Camarillo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s removal order. We have jurisdiction under 8 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 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. Mendez Camarillo does not challenge the agency s determination that he is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1992 conviction for continuous sexual abuse of a child in violation of California Penal Code § 288.5. The BIA determined that Mendez Camarillo is ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility.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). Mendez Camarillo s equal protection challenge to this determination is unavailing. See Abebe v. Mukasey, 554 F.3d 1203, 1207 (9th Cir. 2009) (en banc). PETITION FOR REVIEW DENIED. 2 06-70921

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