Chapling
Chapling v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Steven Chapling, a native of the United Kingdom, appeals a decision by the Board of Immigration Appeals (“BIA”) that he be removed from the United States on the ground that he has been convicted of an aggravated felony. In 2001, Chapling was convicted of receiving stolen property obtained by extortion, in violation of California Penal Code § 496(a), and sentenced to two years in prison. The Immigration Judge (“IJ”) concluded that this conviction was for a theft offense and, therefore, Chapling was subject to removal for having committed an aggravated felony. See 8 U.S.C. § 1101 (a)(43)(G); id. § 1227(a) (2)(A)(iii).
Because the BIA affirmed the decision of the IJ without opinion, we review the decision of the IJ as the final agency decision. Martinez-Perez v. Gonzales, 417 F.3d 1022, 1025 (9th Cir.2005). Although there is no judicial review of final orders of removal entered against aliens who have committed an aggravated felony, we still retain jurisdiction to determine whether the alien has been convicted of an aggravated felony. See id. at 1024 . We review de novo the issue of whether a criminal offense is an aggravated felony. Id. at 1020.