Nasubo

MEMORANDUM **

We deny Machel Ernest Nasubo’s petition for review of the BIA decision dismissing his appeal and ordering him removed to Kenya.

As applied to the facts of this case, 8 U.S.C. § 1227 (a)(2)(E)® is not void for vagueness because the phrase “crime of ... child neglect” is defined “with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983); Rojas-Garcia v. Ashcroft, 339 F.3d 814, 822-23 (9th Cir.2003).

We lack jurisdiction to consider Nasubo’s argument that he no longer has a “conviction” for child neglect within the meaning of 8 U.S.C. §§ 1101 (a)(48)(A), 1227(a)(2)(E)(i), because Nasubo has not exhausted this claim. Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We cannot consider the state court order vacating Nasubo’s conviction nunc pro tunc because it is not part of the administrative record, and we cannot expand the administrative record on appeal. 8 U.S.C. § 1252 (a)(1), (b)(4); see Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir.1996) (en banc) (holding that it…