United States Ninth Circuit

Petition for review of Board of Immigration Appeals' (BIA) decision finding petitioner statutorily ineligible for cancellation of removal based on his criminal conviction is granted, where: 1) petitioner was convicted of attempted second-degree burglary under California Penal Code section 459; 2) section 459 is not a categorical match to the federal generic attempted theft offense because it punishes a broader range of conduct, and the BIA impermissibly applied the modified categorical approach to determine that petitioner's section 459 conviction qualified as an attempted theft aggravated felony; and 3) section 459 is indivisible.

Appellate Information

• Decided 08/22/2014
• Published 08/22/2014

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel