Okezie Orji v. Loretta E. Lynch

MEMORANDUM

Okezie Augustus Orji, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law. Rodrigüez-Castellon v. Holder, 733 F.3d 847, 852 (9th Cir.2013). We grant in part, deny in part, and dismiss in part the petition for review, and remand.

The agency determined that Orji’s theft conviction under California Penal Code § 666 was an aggravated felony theft offense under 8 U.S.C. § 1101 (a)(43)(G) that rendered him statutorily ineligible for asylum. At the time it decided this case, the agency did not have the benefit of this court’s decision in Lopez-Valencia v. Lynch, 798 F.3d 863, 871-72 , 2015 WL 4879874, *6 (9th Cir. August 17, 2015), concluding that “California’s theft statute is both overbroad and indivisible ... and a conviction under it can never be a ‘theft offense’ as defined in 8 U.S.C. § 1101 (a)(43)(G).” We therefore remand for the BIA to consider whether Orji is…