Armando Coronado-Ferra v. Eric Holder, Jr.

437 F. App'x 546

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 8, 2011
• Docket: 10-70639
• Status: Unpublished

Opinion

MEMORANDUM **

Armando Coronado-Ferra, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir.2009), and we deny the petition for review.

The BIA properly applied the modified categorical approach in determining that Coronado-Ferra’s 2008 conviction under CaLPenal Code § 666 was a generic theft offense within the meaning of 8 U.S.C. § 1101(a)(43)(G) where the record of conviction establishes that he was not convicted of theft by false pretenses. See Carrillo-Jaime v. Holder, 572 F.3d 747, 751-53 (9th Cir.2009). Coronado-Ferra is therefore removable as an aggravated felon under 8 U.S.C. § 1227(A)(iii) and ineligible for cancellation of removal under 8 U.S.C. § 1229b(a)(3).

In light of our disposition, we need not reach his remaining contention.

PETITION FOR REVIEW DENIED.

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