In a petition for review of the BIA's denial of petitioner's application for cancellation of removal, the petition is granted in part where: 1) the BIA erred in characterizing receipt of stolen property as a crime of moral turpitude; and 2) the BIA needed to decide whether petitioner's petty theft conviction fell within the petty offenses exception of the Immigration and Nationality Act. However, the petition is denied in part where the BIA correctly determined that petitioner's conviction for petty theft constituted a crime of moral turpitude.
Argued and Submitted May 12, 2009
Filed September 17, 2009
Opinion by Judge Reinhardt
Colette J. Winston, United States Department of Justice, Washington, DC