Romero-Aguilar
Romero-Aguilar v. Holder
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions for review, Oscar Romero-Aguilar petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and constitutional claims. Khan v. *400 Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny the petition for review in No. 05-72978, and we dismiss the petition for review in No. 05-73201.
Romero-Aguilar does not challenge the agency’s determination that he is removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) based on his 1989 conviction for lewd or lascivious acts with a child under 14 years of age in violation of California Penal Code § 288(a).
The agency determined that Romero-Aguilar is ineligible for relief under former section 212(c), 8 U.S.C. § 1182 (c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility. See 8 C.F.R. § 1212.3 (f)(5). Romero-Aguilar’s legal and constitutional challenges to this determination are unavailing. See Abebe v. Mukasey, 554 F.3d 1203 , 1208 n. 7 (9th Cir.2009) (en banc).