Juan Ruiz Toledo 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NOT FOR PUBLICATION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
JUAN RUIZ TOLEDO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 05-73836
Agency No. A092-743-501
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.
Juan Ruiz Toledo, 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
SEP 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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05-73836 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.
Ruiz Toledo 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
lewd or lascivious acts with a child under 14 years of age in violation of California
Penal Code § 288(a).
The agency determined that Ruiz Toledo 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section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of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). Ruiz Toledo’s 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).
Ruiz Toledo’s remaining contentions are not persuasive.
PETITION FOR REVIEW DENIED.

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