Kanzburg

Kanzburg v. Ashcroft

Good Law
103 F. App'x 226
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 02-73296, 03-72967; Agency No. A70-335-215California612 words

Opinion

Lead Opinion

MEMORANDUM *

Yevgeny Kanzburg petitions for review of the Board of Immigration Appeals’ *227 (“BIA’s”) adoption of the Immigration Judge’s (“IJ’s”) denial of his applications for asylum and withholding of removal. He also petitions for review of the BIA’s denial of his motion to reopen his removal proceedings. We lack jurisdiction to review Kanzburg’s petitions and therefore dismiss. 1 Because the facts are familiar to the parties, we do not recite them here except as necessary.

Section 242(a)(2)(C) of the Immigration and Nationality Act (“INA”) bars review of a removal order based on the petitioner’s commission of an aggravated felony. 2 Under the INA, an aggravated felony includes “a theft offense ... for which the term of imprisonment [is] at least one year.” 3 The State of California convicted Kanzburg of one count of grand theft vehicle, which is clearly a theft offense, 4 and for which Kanzburg received a term of two years of imprisonment.

The IJ specifically determined at a hearing prior to the issuance of his oral decision that Kanzburg’s conviction for grand theft vehicle rendered him removable and ineligible for asylum. 5 Further, Kanzburg admitted the conviction…

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