Victor Asiangwo v. Eric Holder, Jr.

MEMORANDUM

Victor Chiedu Asiangwo, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision ordering him removed, and the BIA’s denial of his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, and for substantial evidence the agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We review for abuse of discretion a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny in. part and dismiss in part the petition for review.

The IJ correctly determined that Asi-angwo’s conviction under California Penal Code § 496(a) for which he was sentenced to three years imprisonment constitutes an aggravated felony theft offense under 8 U.S.C. § 1101 (a)(43)(G) that renders him removable. See 8 U.S.C. § 1227 (a) (2) (A) (iii); Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1061-62 (9th Cir. 2009). Asiangwo is therefore statutorily ineligible for asylum and cancellation of removal. See 8 U.S.C. §§ 1158 (b)(2)(A)(ii), (b)(2)(B)®, 1229b(a)(3). Asiangwo has not raised any…