Guzman-Loarca

MEMORANDUM **

Enrique Guzman-Loarca, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order issued on the grounds that petitioner is an alien convicted of an aggravated felony. The permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 apply to this case because removal proceedings were initiated against petitioner after April 1, 1997. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We grant the petition.

“Because the issue in this appeal is whether [petitioner] committed an aggravated felony, and because we have jurisdiction to determine our own jurisdiction, see Aragon-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000), the jurisdictional question and the merits collapse into one.” Ye v. INS, 214 F.3d 1128, 1131 (9th Cir.2000).

Because petitioner’s conviction for the offense of second degree burglary of a vehicle in violation of California Penal Code § 459 with a sentence of three years is not an aggravated felony, petitioner is not removable for being an aggravated felon under 8 U.S.C § 1227(a)(2)(A)(iii). See id. (stating…