Javier Serrano-Ceballos v. Loretta E. Lynch

MEMORANDUM

Javier Serrano-Ceballos and Maria Carrillo-Rojas, a husband and wife, petition for review of the Board of Immigration Appeals’ order dismissing their appeal of an Immigration Judge’s determination that Carrillo-Rojas is not eligible for cancellation of removal because she was twice arrested and convicted for petty theft.' We review the BIA’s legal conclusions de novo and its non-discretionary factual determinations for substantial evidence. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850 (9th Cir. 2004). We deny the petition for review of the eligibility determination.

Under 8 U.S.C. § 1229b(b)(1)(C), a non-permanent resident is not eligible for cancellation of removal if she has been convicted of two or more crimes of moral turpitude not arising out of a single scheme of criminal misconduct. When accompanied by the intent to permanently deprive someone of his or her property, theft offenses, including petty theft, are crimes of moral turpitude. Castillo-Cruz v. Holder, 581 F.3d 1154, 1160 (9th Cir. 2009).

The BIA relied on an FBI rap sheet showing that Carrillo-Rojas had twice been arrested and convicted for petty theft of retail merchandise to affirm the IJ’s…