Opinion
No. 05-75827.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 8, 2008.
Teresa Anne Statler, Immigration Law Office of Teresa A. Statler, Portland, OR, for Petitioner.
District Counsel, Office of the District Counsel, Department of Homeland Security, Seattle, WA, Lindsay Brooke Glauner, Esq., Marion E. Guyton, DOJ, U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A41-398-131.
Before: TALLMAN, CLIFTON, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Petitioner Juan Sanchez-Sanchez appeals the BIA's decision finding him "ineligible for a waiver of inadmissibility pursuant to section 212(c) of the Act." Petitioner's motion to hold oral argument in abeyance pending the. decision of the en banc panel of this court in Abebe v. Mukasey, No. 05-76201, was granted. That decision has been filed, 548 F.3d 787, 2008 WL 4937003 (9th Cir. Nov.20, 2008) (en banc), and we now deny Sanchez-Sanchez's petition.
Abebe forecloses Petitioner's claim that § 212(c) relief is available to him. Id. at *2. It also forecloses his argument based on the Equal Protection clause. Id. Furthermore, because § 212(c) relief is unavailable to Petitioner, he cannot show prejudice for any of the alleged due process violations that he argues occurred at his hearing. United States v. Calles-Pineda, 627 F.2d 976, 977 (9th Cir. 1980).