Berzelius Rodriguez Maravilla 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).
IH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BERZELIUS RODRIGUEZ
MARAVILLA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71429
Agency No. A042-834-999
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Berzelius Rodriguez Maravilla, a native and citizen of the Philippines,
petitions for review of the Board of Immigration Appeals’ order summarily
affirming an immigration judge’s removal order. We have jurisdiction under
FILED
FEB 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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IH/Research 07-71429 2
8 U.S.C. § 1252. We review de novo questions of law, Husyev v. Mukasey, 528
F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition for review.
The record of conviction includes numerous court documents establishing
that Maravilla was convicted of “sexual assault in the third degree” in violation of
Haw. Rev. Stat. § 707-732(1)(b). See 8 U.S.C. § 1229a(c)(3)(B).
Maravilla does not challenge the agency’s conclusion that a conviction for
violating section Haw. Rev. Stat. § 707-732(1)(b) is an aggravated felony under 8
U.S.C. § 1101(a)(43)(A). See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60
(9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief
are waived). Accordingly, the agency did not err in concluding Maravilla was
removable.
PETITION FOR REVIEW DENIED.

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