Gonzalez-Ramirez

*484 MEMORANDUM **

Petitioner Morgan Gonzalez-Ramirez (“Gonzalez-Ramirez”), a native and citizen of Mexico and a lawful permanent resident of the United States, was convicted in 2004 of felony sexual battery under CaLPenal Code § 243.4(a). 1 Gonzalez-Ramirez was subsequently charged as removable for having been convicted of a “crime of violence” — an aggravated felony pursuant to 8 U.S.C. § 1101 (a)(43)(F). 2 The Immigration Judge (“IJ”) found Gonzalez-Ramirez removable as charged, and the Board of Immigration Appeals (“BIA”) affirmed. Gonzalez-Ramirez timely petitioned for review in this court.

We must first determine whether, as a matter of law, felony sexual battery under California law is a “crime of violence” for the purposes of immigration law. 3 We are bound by our circuit’s precedent that felony (but not misdemeanor) sexual battery under California law is a “crime of violence” under 18 U.S.C. § 16 (b) because the element of “unlawful restraint” presents a “substantial risk of the use of physical force.” Lisbey v. Gonzales, 420 F.3d 930, 933 (9th Cir.2005). We therefore affirm the BIA and conclude that Gonzalez-Ramirez was convicted of a “crime of violence,” 8 U.S.C. §…