Carlos Cepeda v. Eric Holder, Jr.

458 F. App'x 593

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 8, 2011
• Docket: 09-71306
• Status: Unpublished

Opinion

MEMORANDUM **

Carlos Lara Cepeda, 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.

Cepeda is removable under 8 U.S.C. § 1227(a)(2)(A)(ii) because his 2007 and 2008 theft convictions are categorically crimes involving moral turpitude. See id. at 1159; Flores Juarez v. Mukasey, 530 F.3d 1020, 1022 (9th Cir.2008); Garcia-Lopez v. Ashcroft, 334 F.3d 840, 843-44 (9th Cir.2003).

Cepeda is not eligible for cancellation of removal under 8 U.S.C. § 1229b(a)(3) because his 2008 theft conviction is an aggravated felony under 8 U.S.C. § 1101(a)(43)(G). The docket sheet and complaint establish that he committed theft of personal property under the modified categorical approach and that he was sentenced to a term of imprisonment of more than one year. See United States v. Rivera, 658 F.3d 1073, 1076-77 (9th Cir.2011) (recidivist sentencing enhancement may be considered in calculating the term of imprisonment under 8 U.S.C. § 1101(a)(43)(G)); United States v. Strickland, 601 F.3d 963, 968-69 (9th Cir.2010) (en banc) (docket sheet may be considered in applying modified categorical approach).

PETITION FOR REVIEW DENIED.

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