Francisco Mendez Camarillo v. ERIC H. HOLDER, Jr., Attorney General

06-70921Court of Appeals for the Ninth CircuitAug 31, 2010

Full text

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NOT FOR PUBLICATION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
FRANCISCO MENDEZ CAMARILLO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-70921
Agency No. A092-928-816
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.
Francisco Mendez Camarillo, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C.
FILED
AUG 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-70921 2
§ 1252. We review de 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.
Mendez Camarillo does not challenge the agency’s determination that he is
removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1992 conviction for
“continuous sexual abuse of a child” in violation of California Penal Code § 288.5.
The BIA determined that Mendez Camarillo 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former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Mendez Camarillo’s equal protection challenge to this
determination is unavailing. See Abebe v. Mukasey, 554 F.3d 1203, 1207 (9th Cir.
2009) (en banc).
PETITION FOR REVIEW DENIED.

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