Verdugo-Gonzalez

I. Background

Verdugo-Gonzalez is a native and citizen of Mexico and has resided in the United States as a lawful permanent resi- dent since 1981. He was convicted in 2004 for felony receipt of stolen property in violation of California Penal Code sec- tion 496(a) and was sentenced to serve sixteen months in prison.

Removal proceedings were later initiated against him, and an immigration judge (“IJ”) ordered his removal to Mexico. Among other things, the IJ concluded that Verdugo-Gonzalez was statutorily ineligible for relief in the form of cancellation of removal because he had been convicted of an aggravated felony. Verdugo-Gonzalez appealed to the Board of Immigra- tion Appeals (“BIA”), which adopted and affirmed the IJ’s decision. Verdugo-Gonzalez timely petitioned this court for review of the BIA’s decision.

II. Discussion

[1] Cancellation of removal under 8 U.S.C. § 1229b(a) is not available to someone who has been convicted of an aggra- vated felony. An aggravated felony for this purpose is defined by the statute to include “a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment [is] at least one year.” 8…