Victor Garcia-De La Rosa 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NOT FOR PUBLICATION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
VICTOR GARCIA-DE LA ROSA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 05-73292
Agency No. A090-031-730
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.
Victor Garcia-De La Rosa, 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 novo questions of law and constitutional claims, Sandoval-Luna v.
FILED
SEP 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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05-73292 2
Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008), and we deny the petition for
review.
Garcia-De La Rosa does not challenge the agency’s determination that he is
removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1991 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 Garcia-De La Rosa 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former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Garcia-De La Rosa’s legal and constitutional challenges
to this determination are foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1207 &
1208 n.7 (9th Cir. 2009) (en banc).
In light of our disposition, we need not address Garcia-De La Rosa’s
remaining contentions.
PETITION FOR REVIEW DENIED.

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