Eugenio Ortega-Cazarrubia v. Eric Holder, Jr., No. 10-70627 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 14 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EUGENIO ORTEGA-CAZARRUBIA, a.k.a. Eugenio C. Ortega, No. 10-70627 Agency No. A090-112-666 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Eugenio Ortega-Cazarrubia, 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. Ortega-Cazarrubia does not challenge the agency s determination that he is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1989 conviction for sexual battery under California Penal Code § 243.4. The BIA correctly determined that Ortega-Cazarrubia is ineligible for relief under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility.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). Ortega-Cazarrubia 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) (per curiam). PETITION FOR REVIEW DENIED. 2 10-70627

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