Peter Tsimbalyuk v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION SEP 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PETER LEONIDOVICH TSIMBALYUK, No. 10-71485
Petitioner, Agency No. A071-171-792
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 10, 2011
Seattle, Washington
Before: REINHARDT, W. FLETCHER, and RAWLINSON, Circuit Judges.
Peter Leonidovich Tsimbalyuk (Tsimbalyuk) petitions for review of the
Board of Immigration Appeals’ dismissal of his appeal of an Immigration Judge’s
decision denying his applications for cancellation of removal, asylum, withholding
of removal, and relief pursuant to the Convention Against Torture (CAT).
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
1. The Board of Immigration Appeals (BIA) correctly determined that
violation of Revised Code of Washington section 9A.56.140(1) is categorically an
aggravated felony theft offense as defined by 8 U.S.C. § 1101(a)(43)(G). See
Verdugo-Gonzalez v. Holder, 581 F.3d 1059, 1060-61 (9th Cir. 2009).
Tsimbalyuk’s conviction under that statute renders him statutorily ineligible for
asylum and cancellation of removal. See Rendon v. Mukasey, 520 F.3d 967, 973
(9th Cir. 2008), as amended (explaining that these forms of relief are unavailable
to a petitioner who has been convicted of an aggravated felony); see also 8 U.S.C.
§§ 1229b(a)(3), 1158(b)(2)(A)(ii), (B)(i).
2. The BIA’s determination that Tsimbalyuk failed to establish eligibility
for withholding of removal under 8 U.S.C. § 1231(b)(3) was supported by
substantial evidence. See Viridiana v. Holder, 630 F.3d 942, 951 (9th Cir. 2011);
see also 8 C.F.R. § 1208.16(b)(1)-(2).
3. The BIA’s determination that Tsimbalyuk failed to establish eligibility
for relief pursuant to the CAT was supported by substantial evidence. See Shrestha
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v. Holder, 590 F.3d 1034, 1048 (9th Cir. 2010); see also 8 C.F.R. § 1208.16(c)
(requiring a showing of torture).
PETITION DENIED.
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