Salazar
Salazar v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Restituto Salazar, a native and citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s finding that Salazar was removable and statutorily ineligible for the petty offense exception or voluntary departure relief. We have jurisdiction over this matter under 8 U.S.C. § 1252 (a)(2)(D) and deny the petition for review.
I. Salazar is Removable for Committing a Crime Involving Moral Turpitude
An alien who is convicted of a crime involving moral turpitude committed within five years after the date of admission, for which a sentence of one year or longer may be imposed, is removable. See 8 U.S.C. § 1227 (a)(2)(A)(i). Salazar pled guilty to grand theft in violation of California Penal Code section 487(a). He committed the crime within five years of his admission to the United States. We have previously held that grand theft is a crime involving moral turpitude. See Garcia-Lopez v. Ashcroft, 334 F.3d 840, 844 (9th Cir.2003). Thus, if Salazar could have received a sentence of one year or longer for his conviction, he is removable. See 8 U.S.C. § 1227 (a)(2)(A)®.