Wong v. Holder, 070612 FED9, 06-70828

Docket Nº:06-70828
Party Name:WING YAU WONG, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
Judge Panel:Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Case Date:July 06, 2012
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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WING YAU WONG, Petitioner,

v.

ERIC H. HOLDER, Jr., Attorney General, Respondent.

No. 06-70828

United States Court of Appeals, Ninth Circuit

July 6, 2012

NOT FOR PUBLICATION

Submitted June 26, 2012 [**]

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A036-850-572

Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.

MEMORANDUM [*]

Wing Yau Wong, a native and citizen of China, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's ("IJ") removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1038 (9th Cir. 2011). We deny in part and dismiss in part the petition for review.

The BIA correctly determined that Wong's conviction under California Penal Code § 484/487(a) constituted an aggravated felony theft offense where the record of conviction established that Wong pled guilty to grand theft of personal property. See id. at 1040-41 (relying on a complaint and an abstract of judgment, both of which specified that the offense involved personal property, to conclude that the petitioner's conviction under § 487(a) qualified as a theft offense). Accordingly, Wong is removable under 8 U.S.C. § 1227(a)(2)(A)(iii).

We lack jurisdiction to consider Wong's unexhausted challenge to the IJ's finding that he committed two or more crimes involving moral turpitude for which he is removable. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

Wong failed to raise, and therefore waived...

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