Flores-Luna

Flores-Luna v. Holder

Good Law
332 F. App'x 407
United States Court of Appeals for the Ninth CircuitJuly 28, 2009No. 05-55034California250 words

Opinion

Lead Opinion

MEMORANDUM **

Efrain Flores-Luna, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming his appeal from an immigration judge’s (“U”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo whether a particular conviction constitutes an aggravated felony, Randhawa v. Ashcroft, 298 F.3d 1148, 1151 (9th Cir.2002), and we deny the petition for review.

The IJ did not err in finding Flores-Luna removable as an aggravated felon under 8 U.S.C. § 1227 (a)(2)(A)(iii) because his conviction under CaLPenal Code § 496(a) categorically constitutes a theft offense and Flores-Luna was sentenced to a term of imprisonment of at least one year for his crime. See 8 U.S.C. § 1101 (a)(43)(G). Contrary to Flores-Luna’s contention, a conviction under section 496(a) meets the intent requirement for this circuit’s generic definition of a “theft offense.” See Randhawa, 298 F.3d at 1153-54 (requisite intent may be inferred from offender’s knowledge that he or she possessed stolen property); People v. Dishman, 128 Cal.App.3d 717, 721-722 , 180 Cal.Rptr. 467 (1982) (to obtain convic *408 tion under section 496(a), prosecution…

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