Gomez-Martinez

MEMORANDUM **

Ovidio Antonio Gomez-Martinez (“Petitioner”) is a native and citizen of El Salvador. The Board of Immigration Appeals (“BIA”) found Petitioner removable and ineligible for any relief from deportation after having been convicted of an aggravated felony for “sexual abuse of a minor” under California Penal Code § 288(a). Petitioner now appeals on the grounds that: 1) violation of California Penal Code § 288(a) is not an aggravated felony in light of California’s aiding and abetting laws; 2) the Immigration Judge (“IJ”) violated his due process rights; and 3) the BIA abused its discretion in denying his Motion to Remand for changed circumstances under the Convention Against Torture (“CAT”). We deny the petition for review.

*599 We have held a conviction under California Penal Code § 288(a) categorically constitutes an “aggravated felony” within the meaning of 8 U.S.C. § 1101 (a)(43). See United States v. Baron-Medina, 187 F.3d 1144, 1145 (9th Cir.1999). However, if Petitioner shows that a conviction under California’s aiding and abetting laws as applied to § 288(a) criminalizes conduct that falls outside the generic definition of “sexual abuse of a minor,” the…