Luciano Avalos Dimas v. Eric Holder, Jr.

MEMORANDUM

Luciano Avalos Dimas (“Petitioner”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision finding him removable and ineligible for cancellation of removal based on his conviction of an aggravated felony under the Immigration and Nationality Act (“INA”) § 237(a)(2)(A)(iii), 8 U.S.C. § 1227 (a)(2)(A)(iii) (2012). We have jurisdiction to determine whether a particular offense constitutes a removable aggravated felony under the INA. See Barragan-Lopez v. Holder, 705 F.3d 1112, 1114 (9th Cir.2013). For the reasons stated herein, Petitioner’s conviction of attempting to commit a lewd act on a child less than fourteen years of age under section 288(a) of the California Penal Code constitutes a removable offense. We therefore deny the petition.

We review de novo questions of law, including “[wjhether a particular conviction is a [removable] offense.” Hernandez-Aguilar v. Holder, 594 F.3d 1069, 1072 (9th Cir.2010) (second alteration in original) (quotation omitted). The court conducts the “categorical approach” set forth in Taylor v. United States, 495 U.S. 575, 600 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), to determine…