Ramos-Ruiz

MEMORANDUM

Roberto Ramos-Ruiz, 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. § 1252 . We review de novo questions of law and constitutional claims. Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny the petition for review.

The agency determined that Ramos-Ruiz is ineligible for relief under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility.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). Ramos-Ruiz’s challenges to this determination are foreclosed by this Court’s decision in Abebe v. Mukasey, 554 F.3d 1203, 1206 , 1208 n. 7 (9th Cir.2009) (en banc).

This Court lacks jurisdiction to consider Ramos-Ruiz’s challenge to the agency’s finding that he is deportable as an aggravated felon because he failed to raise this issue before the BIA. See 8 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

PETITION FOR REVIEW DENIED IN PART AND DISMISSED IN PART.

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