Elepano

Elepano v. Holder

Good Law
336 F. App'x 732
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 06-74683California494 words

Opinion

Lead Opinion

MEMORANDUM *

Alida Deguzman Elepano (“Deguzman”), a native and citizen of the Philippines, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an Immigration Judge’s (“IJ”) decision finding her removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) for an aggravated felony conviction. The BIA concluded that her state-court conviction for possessing a credit card without the cardholder’s consent, in violation of Nev.Rev. Stat. § 205.690(2), was an aggravated felony “theft offense” under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 (a)(43)(G).

We have jurisdiction to determine whether a particular conviction is an aggravated felony, a legal question we review de novo. See 8 U.S.C. § 1252 (a)(2)(D); Mandujano-Real v. Mukasey, 526 F.3d 585, 588 (9th Cir.2008). Because the Nevada statute is categorically an aggravated felony “theft offense” based on the framework set forth in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), we deny the petition for review.

Pursuant to Taylor , we must first categorically compare the elements of the state statute with the generic definition of “theft offense.”…

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