Ramon Rodriguez-Orozco 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NOT FOR PUBLICATION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
RAMON RODRIGUEZ-OROZCO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70339
Agency No. A092-216-096
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Ramon Rodriguez-Orozco, a native and citizen of Mexico, petitions for
review from a Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
FILED
JAN 25 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-70339 2
We review de novo questions of law, Castillo-Cruz v. Holder, 581 F.3d 1154,
1158-59 (9th Cir. 2009), and we deny the petition for review.
The agency did not err in concluding that Rodriguez-Orozco is removable
under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 2007 conviction for lewd or
lascivious acts with a child under 14 years of age in violation of Cal. Penal Code §
288(a). See United States v. Baron-Medina, 187 F.3d 1144, 1146-47 (9th Cir.
1999) (“The use of young children for the gratification of sexual desires constitutes
an abuse.”).
Rodriguez-Orozco’s contention that United States v. Medina-Villa, 567 F.3d
507 (9th Cir. 2008), conflicts with Estrada-Espinoza v. Mukasey, 546 F.3d 1147
(9th Cir. 2008) (en banc), is foreclosed. See United States v. Valencia-Barragan,
608 F.3d 1103, 1107 n.2 (9th Cir. 2010). Rodriguez-Orozco’s contention that
Nijhawan v. Holder, 129 S.Ct. 2294 (2009), effectively overruled Medina-Villa is
unpersuasive.
In light of our disposition, we need not address whether Rodriguez-Orozco
is also removable based on his 1987 conviction for violating Cal. Penal Code
§ 288(a).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --