Mario Escobar-Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Mario Escobar-Gonzalez (“Escobar”), a native and citizen of El Salvador, petitions for review of an Immigration Judge’s order denying Escobar’s motion to place Es-cobar in non-expedited removal proceedings and affirming an asylum officer’s negative reasonable fear determination. Because Escobar is removable for having been convicted of an aggravated felony, we lack jurisdiction over his petition for review. See 8 U.S.C. § 1252 (a)(2)(C).

Escobar’s conviction under California Penal Code § 289(i) is an aggravated felony because it matches the federal definition of “sexual abuse of a minor.” See 8 U.S.C. § 1101 (a)(43)(A). A conviction under § 289(i) necessarily involves knowingly engaging in a sexual act, a victim within the federally-defined age range, and an age difference of at least four years. See 18 U.S.C. § 2243 (a). It is irrelevant whether Escobar had knowledge of the victim’s age. See Pelayo-Garcia v. Holder, 589 F.3d 1010, 1013 (9th Cir.2009) (citing 18 U.S.C. § 2243 (d)).

Although we have jurisdiction to review constitutional claims and questions of law, none of Escobar’s remaining claims are colorable. See 8 U.S.C. § 1252 (a)(2)(D). The Government may…