A new case. Another aggravated felony. Alien’s conviction for grand theft under California Penal Code Sec. 487(a) qualified as an aggravated felony under the modified categorical approach. By referencing alien’s “conviction record,” Board of Immigration Appeals sufficiently referenced the record as a whole. Abstract of judgment could fairly be read as a summary of alien’s specific offense, not merely a recitation of the title of the statute, and read together with the felony complaint, those documents clearly and specifically demonstrated that alien pleaded guilty to a charge of grand theft of personal property. Alien may not collaterally attack his state court conviction on a petition for review of a BIA decision.
Ramirez-Villalpando v. Holder – filed April 9, 2010
Filed under: BIA | Tagged: BIA, board of immigration appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 