FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OSCAR ERNESTO AMAYA, No. 06-73314
Petitioner, Agency No. A092-918-535
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN and BYBEE, Circuit Judges.
Oscar Ernesto Amaya, a native and citizen of El Salvador, 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.
Amaya does not challenge the agency’s determination that he is removable
under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1993 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 Amaya 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section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Amaya’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).
PETITION FOR REVIEW DENIED.
2 06-73314