Oliva-Osuna
Oliva-Osuna v. Mukasey
Opinion
Lead Opinion
ORDER
The memorandum disposition filed in this case on February 27, 2006, is withdrawn. A revised memorandum disposition is filed contemporaneously with the filing of this order. The petition for rehearing filed on April 13, 2006 is denied. Subsequent petitions for rehearing or rehearing en banc may be filed.
MEMORANDUM ****
Petitioner Manuel Agustín Oliva-Osuna (“Osuna”), a Mexican native, seeks review of an October 31, 2003, decision of the Board of Immigration Appeals (“BIA”) denying his request for cancellation of removal from the United States. In its decision, the BIA affirmed the determination of the Immigration Judge (“IJ”) to deny relief of cancellation of removal because Osuna had been convicted of an aggravated felony under 8 U.S.C. § 1101 (a)(43)(G) for a previous violation of California Vehicle Code § 10851(a).
Because this Court’s recent decision in Penuliar v. Mukasey, 528 F.3d 603 (9th Cir.2008) (“Penuliar II ”), holds that *662 (1) a California conviction for unlawful driving or taking of a vehicle does not categorically qualify as a “theft offense”; and (2) under the modified categorical approach, charging documents and an abstract of judgment were…