Macapagal

MEMORANDUM *

Paul Macapagal, a native and citizen of the Philippines, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal and affirming the Immigration Judge’s order finding Macapagal removable under INA § 237(a)(2)(A)(ni), 8 U.S.C. § 1227 (a)(2)(A)(iii), as an alien convicted of an aggravated felony in the form of a theft offense as defined under INA § 101(a)(43)(G), 8 U.S.C. § 1101 (a)(43)(G). We grant the petition for review and vacate the order of removal.

Under 8 U.S.C. § 1252 (a)(2)(C), this Court lacks jurisdiction to review a final order of removal against an alien who is *110 removable for having been convicted of an aggravated felony. However, this Court retains jurisdiction to determine whether the jurisdictional bar applies. Randhawa v. Ashcroft, 298 F.3d 1148, 1152 (9th Cir. 2002). This Court reviews de novo the threshold issue whether a particular offense constitutes an aggravated felony. Park v. INS, 252 F.3d 1018, 1021 (9th Cir.2001). Because the parties are familiar with the facts, we will not recount them in detail except as necessary.

In United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir.2002) (en banc), we held…