Swift

MEMORANDUM **

Leslie Howard Swift, a legal permanent resident of the United States and a native and citizen of Canada, petitions for review of the Board of Immigration Appeals’ (“BIA”) order finding him statutorily ineligible for adjustment of status.

Respondent’s motion to dismiss is construed as a motion for summary disposition. So construed, the motion 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).

Following a jury trial, petitioner was convicted of substantial sexual conduct with a child under the age of 14 years in violation of California Penal Code Section 288.5; lewd act with a child under the age of 14 years in violation of California Penal Code Section 288(a); and act of penetration with a foreign object of a child under the age of 14 years in violation of California Penal Code Section 289(j). Petitioner concedes that “he was previously admitted to the United States as a legal permanent resident and subsequent to his admission-he [sic] was convicted of an aggravated felony.” See Pet’r’s Resp. to…