Vijendra Singh v. Eric H. Holder Jr., No. 08-71682 (9th Cir. 2011)

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FILED JAN 19 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VIJENDRA KUMAR SINGH, Petitioner, No. 08-71682 Agency No. A024-944-946 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Vijendra Kumar Singh, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo whether a particular conviction constitutes an aggravated * 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). felony, Randhawa v. Ashcroft, 298 F.3d 1148, 1151 (9th Cir. 2002), and we deny the petition for review. The agency properly determined that Singh s conviction under California Penal Code § 496(a), for which he was sentenced to one year imprisonment, constituted an aggravated felony under 8 U.S.C. § 1101(a)(43)(G). See VerdugoGonzalez v. Holder, 581 F.3d 1059, 1062 (9th Cir. 2009) ( The full range of conduct proscribed by [section 496(a)] falls within the generic definition of a theft offense. ); see also Alvarez-Reynaga v. Holder, 596 F.3d 534 (9th Cir. 2010). Singh is therefore removable as an aggravated felon, see 8 U.S.C. § 1227(a)(2)(A)(iii), and statutorily ineligible for cancellation of removal, see 8 U.S.C. § 1229b(a)(3). In light of our disposition, we do not address Singh s remaining contentions. PETITION FOR REVIEW DENIED. 2 08-71682

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