Trinidad
Aragon Trinidad v. Holder
Opinion
Opinion
MEMORANDUM
Felipe E. Aragon Trinidad (“Aragon”), a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals (“BIA”) finding him ineligible for cancellation of removal, and the BIA’s denial of his motion to reopen due to changed circumstances making him prima facie eligible for asylum and withholding of removal. We deny the petition for review.
The BIA correctly held that Aragon’s petty theft and domestic violence convictions constituted crimes of moral tui’pitude that rendered him ineligible for cancellation of x’emoval. Contx-ary to Aragon’s ax'guments, petty theft under California Penal Code § 484(a) contains the requisite mens rea — namely, the specific intent to deprive the victim of his property permanently- — -for a moral turpitude offense. Castillo-Cruz v. Holder, 581 F.3d 1154, 1160 (9th Cir.2009). Aragon also conceded before the BIA that his domestic violence offense constituted a crime of moral turpitude. Because Aragon was thus convicted of more than one exime of moral turpitude, Aragon was ineligible for the “petty offense” exception under 8 U.S.C. § 1182 (a)(2)(A)(ii)(II). See In re Garcia-Hernandez, 23 I & N Dec. 590,…