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193 F. App'x 670

Bascal v. Gonzales

U.S. Courts of Appeals

Decided July 27, 2006

U.S. Courts of Appeals · decided 2006-07-27

Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Altamirano v. Gonzales · Parrilla v. Gonzales · Afridi v. Gonzales

Decided 2006-07-27

¶1MEMORANDUM …

¶2Richard Merino Bascal, a native and citizen of the Philippines, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252, Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005), and deny the petition for review.

¶3Reviewing de novo, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), we conclude that the BIA properly determined that Bascal’s conviction pursuant to California Penal Code § 261.5(a) for unlawful sexual intercourse with a person under the age of 18 years is categorically a conviction for “sexual abuse of a minor.” See Afridi v. Gonzales, 442 F.3d 1212, 1217 (9th Cir.2006). Accordingly, Bascal is removable as an aggravated felon. See 8 U.S.C. §§ 1101(a)(43)(A), 1227(a)(2)(A)(iii).

¶4PETITION FOR REVIEW DENIED.

¶5This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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