Tedros Kidanemariam-Tewelde v. Eric H. Holder Jr.

MEMORANDUM

Tedros Tewolde Kidanemariam-Tew-elde, a native of Ethiopia, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) adopting and affirming an Immigration Judge’s (“IJ”) determination that he was removable due to his aggravated felony conviction for sexual battery, in violation of Cal. Pen.Code § 243.4(a), and denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Petitioner asserted a fear of persecution on account of his mixed Ethiopian-Eritrean heritage. The BIA affirmed the IJ’s determinations that Petitioner’s conviction rendered him ineligible for asylum, withholding and adjustment relief, and that he failed to meet his burden for CAT relief. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

The IJ and BIA properly concluded that a felony conviction for sexual battery is categorically an aggravated felony, because a violation of § 243.4(a) involves a “substantial risk” of physical force against a person. Lisbey v. Gonzales, 420 F.3d 930, 931 (9th Cir.2005). He is therefore not eligible for asylum.

The IJ also properly determined that Petitioner…