John Segura-Neira v. Eric Holder, Jr.

MEMORANDUM

John A. Segura-Neira petitions for review of the BIA’s determination that he was properly found subject to removal. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We deny the petition.

Segura is removable pursuant to 8 U.S.C. § 1227 (a)(2)(A)®, which provides: “Any alien who is convicted of a crime involving moral turpitude committed within five years ... after the date of admission, and is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.”

Segura was convicted of grand theft of personal property under CaLPenal Code § 487(a). Grand theft is a crime involving moral turpitude. Rashtabadi v. INS, 28 F.3d 1562, 1568 (9th Cir.1994). Grand theft is punishable “by imprisonment in a county jail not exceeding one year.” CaLPenal Code § 489(c).

Segura argues that we should consider that while the initial offense was a felony, it was later reduced to a misdemeanor. However, regardless of whether the conviction was for á misdemeanor or a felony, the punishment for the offense can be one year. See Cal.Penal Code § 489(c).…