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355 F. App'x 987

Meas v. Holder

U.S. Courts of Appeals

Decided December 7, 2009

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U.S. Courts of Appeals · decided 2009-12-07

Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Ngaeth v. Mukasey

Decided 2009-12-07

¶1 MEMORANDUM

¶2 Raksm Meas, a native and citizen of Cambodia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo whether a particular offense is an aggravated felony, Ngaeth v. Mukasey, 545 F.3d 796, 800 (9th Cir.2008) (per curiam), and we deny the petition for review.

¶3 The agency properly determined that Meas’ conviction under California Penal Code § 459, for which he was sentenced to sixteen months imprisonment, constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43)(G) and (U), where the record of conviction establishes that Meas pled guilty to “entering a] locked car to steal.” See Ngaeth, 545 F.3d at 802 (conviction for entering a locked vehicle with the intent to commit theft constitutes an attempted theft offense for purposes of the aggravated felony definition).

¶4 PETITION FOR REVIEW DENIED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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