Quant

Quant v. Ashcroft

Good Law
61 F. App'x 386
United States Court of Appeals for the Ninth CircuitApril 4, 2003No. 02-70001; INS No. A72-088-868California421 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Armando Quant appeals a final order of removal issued by the Board *387 of Immigration Appeals (BIA). Quant argues that his robbery conviction under CaLPenal Code § 211 does not constitute an aggravated felony under 8 U.S.C. § 1101 (a)(43)(G). We disagree. Section 1101(a)(43)(G) defines an aggravated felony as “a theft offense ... for which the term of imprisonment [is] at least one year.” 8 U.S.C. § 1101 (a)(43)(G). Documents introduced into evidence before the Immigration Judge clearly establish that Quant was convicted of a theft offense. We therefore lack jurisdiction to entertain Quant’s petition. See 8 U.S.C. § 1252 (a)(2)(C).

We also lack jurisdiction to grant Quant’s application for withholding of removal under 8 U.S.C. § 1231 (b)(3)(A) because the BIA determined that Quant’s crime was particularly serious. The Attorney General may deny the withholding of removal where the alien has committed a particularly serious crime. 8 U.S.C. § 1231 (b)(3)(B)(ii). This Court is divested of jurisdiction to review the Attorney General’s discretionary decision that an alien has committed a particularly serious crime. Matsuk v. Immigration and Nationalization…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.