Ines Vasquez-Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Ines Vasquez-Gonzalez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals affirming an Immigration Judge’s decision ordering Vasquez-Gonzalez to be removed to Mexico. Vasquez-Gonzalez conceded removability but contends that the BIA erred in determining that he was ineligible for cancellation of removal because his Nevada state-law conviction for attempted grand larceny of a motor vehicle constituted an aggravated felony under the Immigration Act. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo the legal question of whether an offense is an aggravated felony under 8 U.S.C. § 1101 (a). Flores-Lopez v. Holder, 685 F.3d 857, 861 (9th Cir.2012). We deny the petition for review.

In 2007, Vasquez-Gonzalez, a lawful permanent resident of the United States, was sentenced to 12 months in the Clark County Detention Center after he pleaded guilty to attempted grand larceny of a motor vehicle under sections 193.330 and 205.228 of the Nevada Revised Statutes. The BIA determined that attempted grand larceny “is categorically an aggravated felony attempt to commit a theft offense under [the Immigration and…