Than Min 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NOT FOR PUBLICATION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
THAN MIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-70205
Agency No. A027-290-868
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.
Than Min, a native and citizen of Cambodia, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s order denying his motion to reopen. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen, Cano-
FILED
SEP 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-70205 2
Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and de novo questions of law,
Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the
petition for review.
The agency properly denied Min’s motion to reopen to apply for relief under
former section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because he agreed to
plead guilty pursuant to a plea agreement made after April 1, 1997, see 8 C.F.R.
§ 1003.44(b)(2), and because his crime of violence aggravated felony ground of
removability lacks a statutory counterpart in a ground of inadmissibility, see
Aguilar-Ramos v. Holder, 594 F.3d 701, 706 (9th Cir. 2010).
Min’s due process retroactivity contentions are unavailing. See Saravia-
Paguada v. Gonzales, 488 F.3d 1122, 1132-33 (9th Cir. 2007) (the past relevant
conduct for the retroactivity analysis is the alien’s decision whether to enter a
guilty plea or proceed to trial, not the commission of the underlying crime).
PETITION FOR REVIEW DENIED.

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