FILED
NOT FOR PUBLICATION NOV 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSELITO CASTRO, No. 08-72652
Petitioner, Agency No. A036-286-656
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Joselito Castro, a native and citizen of the Philippines, 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. § 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.
Castro does not challenge the agency’s determination that he is removable
under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1994 conviction for lewd or
lascivious acts with a child under 14 years of age in violation of California Penal
Code § 288(a).
The BIA correctly determined that Castro 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former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Castro’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 08-72652