Yingshi C. Zhang v. Gonzales

MEMORANDUM **

Yingshi Zhang, a native and citizen of China, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Afridi v. Gonzales, 442 F.3d 1212, 1218 (9th Cir.2006). We deny the petition for review in part, grant it in part, and remand for further proceedings.

Reviewing de novo, id. at 1215 , we conclude that the IJ correctly determined that Zhang’s conviction for grand theft over $50,000 in violation of California Penal Code § 487(a), for which he was sentenced to two years imprisonment, constitutes an aggravated felony under 8 U.S.C. § 1101 (a)(43)(G). See United States v. Corona-Sanchez, 291 F.3d 1201, 1205 (9th Cir.2002) (en banc) (stating generic definition of theft offense); see also Martinez-Perez v. Gonzales, 417 F.3d 1022, 1028 (9th Cir.2005) (including plea proceeding transcripts among pertinent documents under the modified categorical approach).

We grant the petition for review with respect to the IJ’s determination that Zhang’s crimes bar him from withholding…