FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AUDON GRAGEOLA-BERUMEN, a.k.a. No. 07-70153
Audon Berumen Grageola,
Agency No. A041-320-065
Petitioner,
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.
Audon Grageola-Berumen, 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.
Grageola-Berumen does not challenge the agency’s determination that he is
removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1996 conviction for
continuous sexual abuse of a child under 14 years of age in violation of California
Penal Code § 288.5.
The agency determined that Grageola-Berumen 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former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Grageola-Berumen’s legal challenges to this
determination are foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1208 n.7 (9th
Cir. 2009) (en banc).
The agency did not err in concluding that Grageola-Berumen’s sexual abuse
of a minor aggravated felony conviction rendered him ineligible for relief pursuant
to 8 U.S.C. § 1182(h). See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1055 (9th
Cir. 2005).
The government’s March 12, 2008, motion to hold this case in abeyance is
denied as moot.
PETITION FOR REVIEW DENIED.
2 07-70153