Jose Rico-Ballesteros v. Loretta E. Lynch

MEMORANDUM

Jose Luis Rico-Ballesteros (“Rico-Bal-lesteros”) petitions this court for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the Immigration Judge’s (“IJ”) order of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

First, the BIA did not err in concluding that Rico-Ballesteros was removable for having been convicted of an aggravated felony under the Immigration and Nationality Act (“INA”), see 8 U.S.C. § 1227 (a)(2)(A)(iii), based on his conviction for receipt of stolen property in violation of Cal.Penal Code § 496(a). We have previously held violation of Cal.Penal Code § 496(a) is categorically a “theft offense” and, thus, an aggravated felony under the INA. Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1062 (9th Cir.2009); see 8 U.S.C. § 1101 (a)(43)(G). Rico-Ballesteros argues that Verdugo-Gonzalez was abrogated by the Supreme Court’s decision in Descamps v. United States, — U.S.-, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013). We conclude, however, that Verdugo-Gon-zalez and Descamps are not “clearly irreconcilable,” Miller v. Gammie, 335 F.3d 889, 900 (9th Cir.2003) (en banc), thus we are bound by our precedent…