Norbert Artur Rusz v. John Ashcroft, Attorney General

We must decide whether a conviction for petty theft with a prior conviction under sections 484, 488, and 666 of the California Penal Code is a crime for which a sentence of one year or longer may be imposed under 8 U.S.C. § 1227 (a)(2)(A)®. We conclude that it is not and hold that we have jurisdiction to review petitioner’s final order of removal.

I

Petitioner Norbert Artur Rusz (Rusz) is a native and citizen of Poland. In May 1993, at age thirteen, Rusz and his parents immigrated to the United States. He was admitted as a Code AA3 immigrant: a child of diversity transition natives from certain adversely affected foreign states.

In January 1998, Rusz was convicted in San Diego County Superior Court of two counts of second degree burglary in violation of California Penal Code § 459, arising from a single scheme of conduct. Rusz’ sentence was suspended, and he was placed on probation. In May 1998, Rusz was caught shoplifting and pled guilty to petty theft with a prior conviction for burglary in violation of California Penal Code §§ 484, 488, and 666. At the time of his guilty plea, Rusz was advised by the trial court that he could receive a maximum sentence of three…