United States Ninth Circuit

In a petition for review of the BIA's denial of petitioner's application for cancellation of removal, the petition is granted in part where: 1) the BIA erred in characterizing receipt of stolen property as a crime of moral turpitude; and 2) the BIA needed to decide whether petitioner's petty theft conviction fell within the petty offenses exception of the Immigration and Nationality Act. However, the petition is denied in part where the BIA correctly determined that petitioner's conviction for petty theft constituted a crime of moral turpitude.

Appellate Information

• Argued 05/12/2009
• Decided 09/17/2009
• Published 09/17/2009

Judges

• Before MARY M. SCHROEDER and STEPHEN REINHARDT, Circuit Judges, and LOUIS H. POLLAK,Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles E. Nichol, Esq., San Francisco, CA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, David V. Bernal, Colette J. Winston, United States Department of Justice, Washington, D.C., for the respondent.