Abebe

FILED

FOR PUBLICATION JAN 05 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

YEWHALASHET ABEBE, No. 05-76201

Petitioner, Agency No. A26-810-941

v.

OPINION

MICHAEL B. MUKASEY, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted March 25, 2008 San Francisco, California

Filed

Before: KOZINSKI, Chief Judge, PREGERSON, KLEINFELD,

THOMAS, SILVERMAN, GOULD, TALLMAN, CLIFTON,

CALLAHAN, BEA and N.R. SMITH, Circuit Judges.

PER CURIAM:

1. Petitioner became a lawful permanent resident in 1984 and, in 1992, pled

guilty to lewd and lascivious conduct upon a child. Cal. Penal Code § 288(a). INS

commenced removal proceedings on the ground that he was deportable as having page

committed an “aggravated felony,” 8 U.S.C. § 1227(a)(2)(A)(iii)—“sexual abuse

of a minor,” id. § 1101(a)(43)(A). The Immigration Judge (IJ) denied petitioner’s

asylum, withholding of removal and Convention Against Torture claims, and

found petitioner ineligible…