Chmukh

Chmukh v. Garland

Good Law
124 F.4th 670
United States Court of Appeals for the Ninth CircuitDecember 23, 202421-1096California10,234 words

Opinion

Opinion

R. NELSON, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VITALIY CHMUKH, No. 21-1096 Agency No. Petitioner,

A079-176-419

v.

OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted April 4, 2024 Pasadena, California

Filed December 23, 2024

Before: Ryan D. Nelson, Lawrence VanDyke, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge R. Nelson; Concurrence by Judge VanDyke; Partial Concurrence and Partial Dissent by Judge Sanchez SUMMARY *

Immigration

Denying Vitaliy Chmukh’s petition for review a decision of the Board of Immigration Appeals, the panel concluded that Chmukh’s conviction for possession of a stolen vehicle, under Revised Code of Washington (RCW) § 9A.56.068, was an aggravated felony and a particularly serious crime. Because the panel concluded that the conviction was an aggravated felony, the panel explained that the criminal- alien jurisdictional bar applied, but the panel retained jurisdiction to review Chmukh’s claims of legal error. The panel also assumed without deciding that Chmukh’s…

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