Hayk Arakelyan v. Loretta E. Lynch

MEMORANDUM

Hayk Arakelyan, a citizen of Armenia, petitions for review of a Board of Immigration Appeals (“BIA”) affirmance of an Immigration Judge’s (“IJ”) order finding Arakelyan removable under 8 U.S.C. § 1227 (a) (2) (A) (iii) as an aggravated felon. Arakelyan claims that his conviction for attempting to obtain or possess a credit card without the cardholder’s consent is not an aggravated theft offense, because the statute at issue is not a categorical match to the federal definition of a theft offense. Although we lack jurisdiction to review removal orders against an alien who is removable because they have been convicted of an aggravated felony, 8 U.S.C. § 1252 (a)(2)(C), we retain jurisdiction over questions of law and thus have jurisdiction to determine if the conviction is an aggravated felony, a question which we review de novo. 8 U.S.C. § 1252 (a)(2)(D); see Estrada-Rodriguez v. Mukasey, 512 F.3d 517, 519 (9th Cir.2007). We deny the petition for review.

1. Arakelyan was convicted of violating NRS § 205.690(2). This statute criminalizes “possess[ion][of] a credit card or debit card without the consent of the cardholder and with the intent to circulate, use, sell or…