Salgado-Ocampo, et al v. Holder, No. 07-70332 (9th Cir. 2011)

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FILED JAN 24 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT OSCAR FLAVIANO SALGADOOCAMPO, No. 07-70332 Agency No. A078-102-065 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Oscar Flaviano Salgado-Ocampo, 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. * 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, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we deny the petition for review. Salgado-Ocampo does not challenge the agency s determination that his conviction for violating Wash. Rev. Code § 9A.44.083 constitutes aggravated felony sexual abuse of a minor under 8 U.S.C. § 1101(a)(43)(A). SalgadoOcampo s contention that his conviction qualified for treatment under the Federal Juvenile Delinquency Act and should not have been used to sustain the charge of removability is foreclosed by Vargas-Hernandez v. Gonzales, 497 F.3d 919, 92223 (9th Cir. 2007). Respondent shall serve a copy of this disposition on Salgado-Ocampo at his last known address. PETITION FOR REVIEW DENIED. 2 07-70332

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