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Berzelius RODRIGUEZ MARAVILLA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2010-02-26No. No. 07-71429
367 F. App'x 857

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Opinion

majority opinion

MEMORANDUM

Berzelius Rodriguez Maravilla, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and we deny the petition for review.

The record of conviction includes numerous court documents establishing that Ma-ravilla was convicted of “sexual assault in the third degree” in violation of Haw.Rev. Stat. § 707-732(l)(b). See 8 U.S.C. § 1229a(c)(3)(B).

Maravilla does not challenge the agency’s conclusion that a conviction for violating section Haw.Rev.Stat. § 707-732(l)(b) is an aggravated felony under 8 U.S.C. § 1101(a)(43)(A). See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived). Accordingly, the agency did not err in concluding Maravilla was removable.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.