Contreras-Aguilar v. Holder

FILED
NOT FOR PUBLICATION AUG 31 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FREDDY SANTIAGO CONTRERAS- No. 06-75551
AGUILAR,
Agency No. A090-160-104
Petitioner,

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.

Freddy Santiago Contreras-Aguilar, 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 and constitutional claims, Khan v.

Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we deny the petition for review.

Contreras-Aguilar does not challenge the agency’s determination that he is

removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1991 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 Contreras-Aguilar 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former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Contreras-Aguilar’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).

The government’s March 18, 2008, motion to hold this case in abeyance is

denied as moot.

PETITION FOR REVIEW DENIED.

2 06-75551