Del Villar, et al v. Holder, No. 06-74729 (9th Cir. 2010)

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FILED SEP 27 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MANUEL T. DEL VILLAR, Petitioner, No. 06-74729 Agency No. A092-344-537 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Manuel T. Del Villar, 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. * 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). 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. Del Villar 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 lewd or lascivious acts with a child under 14 years of age in violation of California Penal Code § 288(a). The agency determined that Del Villar is ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility.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). Del Villar 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). Del Villar is ineligible for a waiver of inadmissibility under 8 U.S.C. § 1182(h), because he was convicted of an aggravated felony after his admission as a lawful permanent resident. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1055 (9th Cir. 2005). PETITION FOR REVIEW DENIED. 2 06-74729

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