Lisbey

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HENRY ROBERT LISBEY, 

Petitioner, No. 04-70557 v.  Agency No.

A24-902-889

ALBERTO GONZALES, Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted April 7, 2005—Pasadena, California

Filed August 22, 2005

Before: Mary M. Schroeder, Chief Judge, Harry Pregerson, and Stephen S. Trott, Circuit Judges.

Opinion by Chief Judge Schroeder

10973 LISBEY v. GONZALES 10975

COUNSEL

Allan Ides, Loyola Law School, Los Angeles, California, for the petitioner.

Russell Verby and Carol Federighi, Office of Immigration Litigation, Washington, D.C., for the respondent.

OPINION

SCHROEDER, Chief Judge:

Henry Robert Lisbey petitions for review of the Board of Immigration Appeal’s (“BIA”) dismissal of his appeal from 10976 LISBEY v. GONZALES an Immigration Judge’s (“IJ”) decision finding him remov- able as an alien convicted of an aggravated felony. At issue in this appeal is whether the crime of sexual battery under California Penal Code § 243.4(a)…