Penafiel-Falcon
Penafiel-Falcon v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Carlos Penafiel-Falcon, a native and citizen of Peru, petitions for review of the *284 Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision finding him removable and denying cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and we deny in part and dismiss in part the petition for review.
The government’s motion to strike the evidence filed with Penafiel-Falcon’s opening brief, labeled Appendix “A”, is granted. See 8 U.S.C. § 1252 (b)(4)(A).
The agency properly concluded that under the modified categorical approach set forth in Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), Penafiel-Falcon is removable and ineligible for cancellation of removal as an aggravated felon because his conviction under California Penal Code § 459/460(b) constitutes a burglary offense and he was sentenced to a term of imprisonment of at least one year for his crime. See 8 U.S.C. §§ 1101 (a)(43)(G) & 1229b(a)(3); Ye v. INS, 214 F.3d 1128, 1132 (9th Cir.2000); United States v.…