Meas v. Holder

FILED
NOT FOR PUBLICATION DEC 07 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAKSM MEAS, a.k.a. Raskmy Meas, No. 06-70994
Petitioner, Agency No. A025-274-291
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Raksm Meas, a native and citizen of Cambodia, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
JTK/Research
review de novo whether a particular offense is an aggravated felony, Ngaeth v.
Mukasey, 545 F.3d 796, 800 (9th Cir. 2008) (per curiam), and we deny the petition
for review.
The agency properly determined that Meas’ conviction under California
Penal Code § 459, for which he was sentenced to sixteen months imprisonment,
constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43)(G) and (U), where
the record of conviction establishes that Meas pled guilty to “enter[ing a] locked
car to steal.” See Ngaeth, 545 F.3d at 802 (conviction for entering a locked vehicle
with the intent to commit theft constitutes an attempted theft offense for purposes
of the aggravated felony definition).
PETITION FOR REVIEW DENIED.
JTK/Research 2 06-70994