FILED
NOT FOR PUBLICATION APR 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EUGENIO ORTEGA-CAZARRUBIA, No. 10-70627
a.k.a. Eugenio C. Ortega,
Agency No. A090-112-666
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Eugenio Ortega-Cazarrubia, a native and citizen of Mexico, 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.
*
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.
Ortega-Cazarrubia does not challenge the agency’s determination that he is
removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1989 conviction for
sexual battery under California Penal Code § 243.4.
The BIA correctly determined that Ortega-Cazarrubia 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under former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his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). Ortega-Cazarrubia’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 10-70627