Forero-Arias

MEMORANDUM **

Jose Forero-Arias (“Forero-Arias”) seeks review of a final order of removal issued by the Board of Immigration Appeals (“BIA”). Forero-Arias contends that the BIA erred in determining that he was removable as an alien convicted of an aggravated felony and two or more crimes involving moral turpitude. He also claims that the BIA erred in denying his applications for withholding and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and we grant in part and deny in part the petition for review.

I.

Forero-Arias first challenges the BIA’s determination that his conviction for grand theft in violation of CaLPenal Code § 487(a) constituted an aggravated felony. Whether a conviction qualifies as an aggravated felony is a question of law that we review de novo. Rosales-Rosales v. Ashcroft, 347 F.3d 714, 717 (9th Cir.2003). We hold that the BIA erred in its analysis under the modified categorical approach by relying only on the felony complaint to determine that Forero-Arias’s conviction constituted an aggravated felony. See Martinez-Perez v. Gonzales, 417 F.3d 1022, 1028 (9th Cir.2005).

Because the Immigration Judge (“IJ”)…