Alfonso Solis Navarro 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NOT FOR PUBLICATION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
ALFONSO SOLIS NAVARRO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-74973
Agency No. A038-060-229
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Alfonso Solis Navarro, a native and citizen of the Philippines, 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.
FILED
NOV 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-74973 2
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.
Navarro does not challenge the agency’s determination that he is removable
under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his conviction for assault with a
deadly weapon in violation of Cal. Penal Code § 245(a)(1).
Navarro 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§ 1182(c) (repealed 1996), because his ground of removability lacks a statutory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); see also
Aguilar-Ramos v. Holder, 594 F.3d 701, 706 (9th Cir. 2010).
Navarro’s equal protection challenge to the agency’s denial of section 212(c)
relief is foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1207 (9th Cir. 2009) (en
banc).
Navarro’s remaining contention is unpersuasive.
Navarro’s pending motion is denied as moot.
PETITION FOR REVIEW DENIED.

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