Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ramon Rodriguez-Orozco v. Eric H. Holder

January 25, 2011

RAMON RODRIGUEZ-OROZCO, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.



Agency No. A092-216-096 On Petition for Review of an Order of the Board of Immigration Appeals

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NOT FOR PUBLICATION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.

Ramon Rodriguez-Orozco, a native and citizen of Mexico, petitions for review from a 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, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the petition for review.

The agency did not err in concluding that Rodriguez-Orozco is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 2007 conviction for lewd or lascivious acts with a child under 14 years of age in violation of Cal. Penal Code § 288(a). See United States v. Baron-Medina, 187 F.3d 1144, 1146-47 (9th Cir. 1999) ("The use of young children for the gratification of sexual desires constitutes an abuse.").

Rodriguez-Orozco's contention that United States v. Medina-Villa, 567 F.3d 507 (9th Cir. 2008), conflicts with Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008) (en banc), is foreclosed. See United States v. Valencia-Barragan, 608 F.3d 1103, 1107 n.2 (9th Cir. 2010). Rodriguez-Orozco's contention that Nijhawan v. Holder, 129 S.Ct. 2294 (2009), effectively overruled Medina-Villa is unpersuasive.

In light of our disposition, we need not address whether Rodriguez-Orozco is also removable based on his 1987 conviction for violating Cal. Penal Code § 288(a).

PETITION FOR REVIEW ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.