Wong

Kholoma v. Holder

Good Law
478 F. App'x 401
United States Court of Appeals for the Ninth CircuitJuly 6, 201206-70828California246 words

Opinion

Opinion

MEMORANDUM

Joselito Oliveros Kholoma, a native and citizen of the Philippines, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1038 (9th Cir.2011), and we deny the petition for review.

The BIA correctly determined that Kho-loma’s conviction under California Penal Code § 487(a) constituted an aggravated felony theft offense where the record of conviction established that Kholoma pled guilty to grand theft of personal property. See id. at 1040-41 (relying on a complaint and an abstract of judgment, both of which specified that the offense involved personal property, to conclude that the petitioner’s conviction under § 487(a) qualified as a theft offense). Kholoma is therefore removable as an aggravated felon, see 8 U.S.C. § 1227 (a)(2)(A)(iii), and statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a)(3).

We do not address Kholoma’s contention that he is not removable under 8 U.S.C. § 1227 (a)(2)(A)(ii) because the BIA only affirmed…

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