Miranda-Minero

MEMORANDUM ***

Francisco Miranda-Minero petitions for review of the BIA’s order affirming the Immigration Judge’s (“IJ”) decision finding petitioner removable. 1 The IJ found Miranda-Minero removable for having been convicted of two different aggravated felonies: (1) sexual abuse of a minor, 8 U.S.C. § 1101 (a)(43)(A), based on his conviction of lewd acts against a child age 14 or 15 in violation of California Penal Code § 288(c)(1); and (2) a crime of violence for which the term of imprisonment was at least one year, 8 U.S.C. § 1101 (a)(43)(F), based on his conviction of three counts of sexual battery in violation of California Penal Code § 243.4(d).

In his petition to this court, MirandaMinero challenges only the first ground of removability — conviction of the aggravated felony of sexual abuse of a minor — but does not challenge the second ground of removability — conviction of the aggravated felony of a crime of violence. Accordingly, even if we were to conclude the BIA erred in finding Miranda-Minero removable for his conviction under California Penal Code § 288(c)(1), there still would exist a valid order of removal against Miranda-Minero for the conviction under…