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No. 8630553
United States Court of Appeals for the Ninth Circuit
Roque-Espinosa v. Gonzales
No. 8630553 · Decided April 23, 2007
No. 8630553·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 23, 2007
Citation
No. 8630553
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Petitioner does not dispute that he was convicted under subsection (l)(b) of Or. *496 Rev.Stat. § 163.415, and the BIA correctly determined that such a conviction qualifies as “sexual abuse of a minor” pursuant to In re Rodriguez-Rodriguez, 22 I. & N. Dec. 991, 995-96 (BIA 1999). We held in Afridi v. Gonzales, 442 F.3d 1212, 1216 (9th Cir.2006), that the BIA’s construction of the statute in Rodríguez-Rodríguez is permissible, so we must defer to the BIA’s interpretation. Because the BIA properly determined that petitioner was removable for having committed an aggravated felony, we lack jurisdiction to review his petition. See 8 U.S.C. § 1252 (a)(2)(C). DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Petitioner does not dispute that he was convicted under subsection (l)(b) of Or.
Key Points
01MEMORANDUM ** Petitioner does not dispute that he was convicted under subsection (l)(b) of Or.
02§ 163.415, and the BIA correctly determined that such a conviction qualifies as “sexual abuse of a minor” pursuant to In re Rodriguez-Rodriguez, 22 I.
03Gonzales, 442 F.3d 1212, 1216 (9th Cir.2006), that the BIA’s construction of the statute in Rodríguez-Rodríguez is permissible, so we must defer to the BIA’s interpretation.
04Because the BIA properly determined that petitioner was removable for having committed an aggravated felony, we lack jurisdiction to review his petition.
Frequently Asked Questions
MEMORANDUM ** Petitioner does not dispute that he was convicted under subsection (l)(b) of Or.
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This case was decided on April 23, 2007.
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