Armando Coronado-Ferra v. Eric Holder, Jr. , 437 F. App'x 546 ( 2011 )

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NOT FOR PUBLICATION JUN 08 2011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