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Oscar Flaviano Salgadoocampo v. Eric H. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 24, 2011

OSCAR FLAVIANO SALGADOOCAMPO, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A078-102-065

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Oscar Flaviano Salgado-Ocampo, 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 novo questions of law, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we deny the petition for review.

Salgado-Ocampo does not challenge the agency's determination that his conviction for violating Wash. Rev. Code § 9A.44.083 constitutes aggravated felony sexual abuse of a minor under 8 U.S.C. § 1101(a)(43)(A). SalgadoOcampo's contention that his conviction qualified for treatment under the Federal Juvenile Delinquency Act and should not have been used to sustain the charge of removability is foreclosed by Vargas-Hernandez v. Gonzales, 497 F.3d 919, 922-23 (9th Cir. 2007).

Respondent shall serve a copy of this disposition on Salgado-Ocampo at his last known address.

PETITION FOR REVIEW DENIED.


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