Jose Reyes-Perez 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NOT FOR PUBLICATION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
JOSE REYES-PEREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 05-76362
Agency No. A092-353-872
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jose Reyes-Perez, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ order summarily affirming an immigration judge’s
removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
FILED
SEP 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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05-76362 2
questions of law and constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th
Cir. 2009), and we deny the petition for review.
Reyes-Perez does not challenge the agency’s determination that he is
removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1993 conviction for
lewd or lascivious acts with a child under 14 years of age in violation of California
Penal Code § 288(a).
The agency determined that Reyes-Perez 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section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Reyes-Perez’s legal challenges to this determination are
foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1207, 1208 n.7 (9th Cir. 2009)
(en banc).
PETITION FOR REVIEW DENIED.

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