United States Ninth Circuit

In an immigration case, the Court denies petition for review of denial of a motion to reopen the case where a conviction for entering a locked vehicle with the intent to commit theft under California Penal Code section 459 constitutes an attempted theft offense allowing removal of a lawful permanent resident as an aggravated felon under 8 U.S.C. section 1101(a)(43)(U).

Appellate Information

• Argued 05/13/2008
• Decided 09/24/2008
• Published 09/24/2008

Judges

• PER CURIAM:, Before:  BARRY G. SILVERMAN and MARSHA S. BERZON, Circuit Judges, and ROGER T. BENITEZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bill Waddell, Law Office of Bill Waddell, San Diego, CA, for the petitioner.


• For Appellees:
  
• Jeffrey J. Bernstein and Jem C. Sponzo, United States Department of Justice, Civil Division, Washington, DC, for the respondent.