YIM v. BARR (2020)

United States Court of Appeals, Ninth Circuit.

Ho Sang YIM, aka Alez Suk Peter Yim Yoon, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-70624

Decided: August 25, 2020

Before: CALLAHAN and IKUTA, Circuit Judges, and BENCIVENGO,* District Judge. Robert G. Berke, Esquire, Attorney, Berke Law Offices, Inc., Canoga Park, CA, for Petitioner Jessica Dawgert, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

Ho Sang Yim petitions for review of the Board of Immigration Appeals order of removal. In a concurrently filed opinion, we hold that perjury under section 118(a) of the California Penal Code is an “offense relating to ․ perjury” and is thus an “aggravated felony.” 8 U.S.C. § 1101(a)(43)(S). Yim was convicted under section 118(a), and we therefore lack jurisdiction over his petition for review. See 8 U.S.C. § 1252(a)(2)(C).

PETITION DISMISSED.