Jorge Urbano-Barriga v. Eric Holder, Jr.

540 F. App'x 643

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 24, 2013
• Docket: 09-71090
• Status: Unpublished

Opinion

MEMORANDUM ***

Petitioner Jorge Urbano-Barriga, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ dismissal of his appeal of an Immigration Judge’s decision finding him removable due to a conviction that qualified as an aggravated felony theft offense under 8 U.S.C. § 1101(a)(4S)(G). His conviction was for violation of California Penal Code § 496d(a).

This court in Alvarez-Reynaga v. Holder, 596 F.3d 534, 536-37 (9th Cir.2010), held that California Penal Code § 496d(a) categorically qualifies as an aggravated felony. Relying on our previous decision in Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1061-62 (9th Cir.2009), we observed that California’s general receipt of stolen property offense matched the generic theft offense, and concluded that California Penal Code § 496d(a) was an aggravated felony for the same reason. Alvarez-Reynago, 596 F.3d at 536-37. Our decision in Alvarez-Reynaga is controlling.

The petition is DENIED.

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