Lapena

Lapena v. Gonzales

Good Law
225 F. App'x 541
United States Court of Appeals for the Ninth CircuitMarch 15, 2007No. 06-71547California250 words

Opinion

Lead Opinion

MEMORANDUM **

Banjo Lopez Lapena, a native and citizen of the Philippines, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) removal order. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005). We deny the petition for review in part and dismiss it in part.

Reviewing de novo, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), we have held that a conviction pursuant to California Penal Code § 261.5(c) for unlawful sexual intercourse with a minor is categorically “sexual abuse of a minor,” an aggravated felony. See Afridi v. Gonzales, 442 F.3d 1212, 1217 (9th Cir.2006). Accordingly, Lapena is ineligible for lawful permanent resident cancellation of removal. See 8 U.S.C. § 1229b(a)(3) (precluding cancellation for aliens “convicted of any aggravated felony”).

We also conclude that the BIA properly corrected the IJ’s reference to an incorrect section of the California Penal Code.

*543 We lack jurisdiction to review Lapena’s remaining claims, concerning relief under former 8 U.S.C. § 1182 (c) and due process,…

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