Hilario Guzman Trujillo 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NOT FOR PUBLICATION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
HILARIO GUZMAN TRUJILLO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-71423
Agency No. A029-146-316
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Hilario Guzman Trujillo, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § §
§ 1252. We review de novo questions of law, and review for substantial evidence
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.
2009). We review for abuse of discretion the agency’s determination that an alien
was convicted of a particularly serious crime. Arbid v. Holder, 700 F.3d 379, 383
(9th Cir. 2012). We deny the petition for review.
The IJ correctly determined that Guzman Trujillo’s conviction under
California Penal Code § 288(a) is an aggravated felony that renders him ineligible
for asylum. See 8 C.F.R. § 1208.13(c)(2)(D) (alien who files asylum application
prior to April 1, 1997, is ineligible if convicted of an aggravated felony); United
States v. Baron-Medina, 187 F.3d 1144, 1147 (9th Cir. 1999) (section 288(a) is
categorically an aggravated felony under 8 U.S.C. § 1101(a)(43)(A)).
The IJ did not abuse her discretion when she determined that Guzman
Trujillo’s conviction is a particularly serious crime that renders him ineligible for
withholding of removal. See 8 U.S.C. § 1231(b)(3)(B)(ii). The record reflects
that Guzman Trujillo was sentenced to state prison for engaging in significant
sexual contact with a child of eight over a period of months. See Arbid, 700 F.3d
379 at 384 (particularly serious crime determinations are informed by a series of
factors, including the nature and underlying facts of the conviction, and the type of
sentence imposed).

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Substantial evidence supports the IJ’s determination that Guzman Trujillo
did not establish it is more likely than not that he would be tortured if he returned
to Guatemala. See Wakkary, 558 F.3d at 1067-68.
PETITION FOR REVIEW DENIED.

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