Yznn Yrastorza v. Loretta E. Lynch

FILED
NOT FOR PUBLICATION
FEB 12 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YZNN LOUIS YRASTORZA, No. 13-71033
Petitioner, Agency No. A074-545-505
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 10, 2016**
Pasadena, California
Before: KLEINFELD, McKEOWN, and IKUTA, Circuit Judges.
Yznn Yrastorza petitions for review of the Board of Immigration Appeals’
(BIA) decision that he is removable as an alien convicted of an aggravated felony
theft offense. See 8 U.S.C. §§ 1101(a)(43)(G), 1227(a)(2)(A)(iii). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction to review Yrastorza’s legal and constitutional claims under 8 U.S.C.
§ 1252(a)(2)(D).
The BIA did not err in holding that Yrastorza’s Nevada conviction for
larceny from the person, Nev. Rev. Stat. § 205.270, qualified as an aggravated
felony theft offense under 8 U.S.C. § 1101(a)(43)(G). The BIA correctly
determined that the elements of section 205.270 of the Nevada Revised Statutes
criminalize the same or lesser conduct as the federal generic theft offense, see
United States v. Corona-Sanchez, 291 F.3d 1201, 1205 (9th Cir. 2002) (en banc),
because in Nevada the “intent to steal” means “the specific intent to permanently
deprive the owner of his property,” Harvey v. State, 375 P.2d 225, 226 (Nev.
1962); see also Grant v. State, 24 P.3d 761, 766 (Nev. 2001).
We have defined “theft offense” for purposes of § 1101(a)(43)(G), see
Corona-Sanchez, 291 F.3d at 1205, and the word “theft” has an accepted common
law definition, id. Therefore, the definition of aggravated felony as including a
“theft offense” is not unconstitutionally vague or overbroad. See Johnson v.
United States, 135 S. Ct. 2551, 2556 (2015).
PETITION DENIED.
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