Natividad Flores v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NATIVIDAD FLORES,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-73114
Agency No. A090-193-044
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Natividad Flores, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de
FILED
AUG 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-73114 2
novo questions of law and constitutional claims, Khan v. Holder 584 F.3d 773, 776
(9th Cir. 2009), and we deny the petition for review.
Flores does not challenge the agency’s determination that he is removable
under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1994 conviction for “continuous
sexual abuse of a child” in violation of California Penal Code § 288.5.
The agency determined that Flores is ineligible for relief under former
section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of
removability lacks a statutory counterpart in a ground of inadmissibility. See
8 C.F.R. § 1212.3(f)(5). Flores’ legal and constitutional challenges to this
determination are unavailing. See Abebe v. Mukasey, 554 F.3d 1203, 1207 & 1208
n.7 (9th Cir. 2009) (en banc).
PETITION FOR REVIEW DENIED.

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