Herman Gibson v. Eric Holder, Jr.

MEMORANDUM

Herman Gibson, a native and citizen of Panama and lawful permanent resident of the United States, petitions for review of an order of the Board of Immigration Appeals (“BIA”), which reversed an order of the Immigration Judge granting Gibson cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 (a). “Legal determinations regarding an alien’s eligibility for cancellation of removal are reviewed de novo.” Sinotes-Cruz v. Gonzales, 468 F.3d 1190, 1194 (9th Cir.2006). We deny the petition for review.

Because the parties are familiar with the facts of this case, we discuss them here only as necessary to our disposition. DHS initiated removal proceedings against Gibson after he was convicted, on August 30, 2007, of petty theft, under Cal.Penal Code § 484(a), and sentenced as a recidivist to a 16-month term of imprisonment, under CaLPenal Code § 666(a). On October 21, 2005, Gibson had also been convicted of “petty theft with priors,” and likewise sentenced to a 16-month term of imprisonment. Gibson pleaded guilty to both the 2005 and 2007 offenses. The Immigration Judge agreed with DHS that Gibson was removable because theft is a crime of moral turpitude, and…