Bustamante

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order af *460 firming the Immigration Judge’s (“IJ”) order denying petitioner’s application for cancellation of removal.

Respondent’s motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). Accordingly, this petition for review is denied.

The BIA correctly rejected petitioner’s contention that United States v. Baza-Martinez, 464 F.3d 1010 (9th Cir.2006), establishes that his conviction under Section 288(c)(1) of the California Penal Code for committing a lewd act upon a child is not an aggravated felony under the categorical approach. Baza-Martinez interprets a North Carolina statute and relies on United States v. Baron-Medina, 187 F.3d 1144 (9th Cir.1999), which interprets Section 288(a) of the California Penal Code. See 464 F.3d at 1015 . Sections 288(a) and 288(c)(1) of the California Penal Code differ only with regard to the victim’s age; Section 288(a) applies when a victim is “under the age of…