Armando Coronado-Ferra v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUN 08 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ARMANDO CORONADO-FERRA, No. 10-70639 Petitioner, Agency No. A017-197-763 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges Armando Coronado-Ferra, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 1252. We review de novo questions of law, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir. 2009), and we deny the petition for review. The BIA properly applied the modified categorical approach in determining that Coronado-Ferra’s 2008 conviction under Cal. Penal Code § 666 was a generic theft offense within the meaning of 8 U.S.C. § 1101(a)(43)(G) where the record of conviction establishes that he was not convicted of theft by false pretenses. See Carrillo-Jaime v. Holder, 572 F.3d 747, 751-53 (9th Cir. 2009). Coronado-Ferra is therefore removable as an aggravated felon under 8 U.S.C. § 1227(A)(iii) and ineligible for cancellation of removal under 8 U.S.C. § 1229b(a)(3). In light of our disposition, we need not reach his remaining contention. PETITION FOR REVIEW DENIED. 2 10-70639