Natividad FLORES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 393 F. App'x 545

MEMORANDUM Natividad Flores, 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 and constitutional claims, Khan v. Holder 584 F.3d 773, 776 (9th Cir.2009), and we deny the petition for review. Flores does not challenge the agency’s determination that he is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) based on his 1994 conviction for “continuous sexual abuse of a child” in violation of California Penal Code § 288.5. The agency determined that Flores is ineligible for relief under former

section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), because his ground of removability lacks a statutory counterpart in a ground of inadmissibility. See 8 C.F.R. § 1212.3(f)(5). Flores’ legal and constitutional challenges to this determination are unavailing. See Abebe v. Mukasey, 554 F.3d 1203, 1207 & 1208 n. 7 (9th Cir.2009) (en banc). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.