Joya-Zelaya

MEMORANDUM

Vanny Carlo Joya-Zelaya, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ affir-mance of an immigration judge’s order finding Joya-Zelaya removable pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii) as an alien convicted of an aggravated felony. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo whether a conviction constitutes an aggravated felony. Ye v. INS, 214 F.3d 1128, 1131 (9th Cir.2000).

To determine if Joya-Zelaya’s conviction qualifies as a burglary conviction under 8 U.S.C. § 1101 (a)(43)(G), we use the approach outlined in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). Joya-Zelaya’s conviction does not categorically support his removability for burglary under § 1101(a)(43)(G). California Penal Code sections 459 and 460 are “categorically broader than generic burglary.” United States v. Aguila-Montes De Oca, 655 F.3d 915, 944-45 , 2011 WL 3506442, at *25 (9th Cir.2011).

When “we determine that the statute under which a defendant or alien was previously convicted is categorically broader than the generic offense, we may apply the modified categorical approach.” Aguila-Montes…