Porncha Suvanasarn v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PORNCHA SUVANASARN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 05-76675
Agency No. A022-450-982
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Porncha Suvanasarn, a native and citizen of Thailand, 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.
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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We review de novo questions of law, Ramirez-Villalpando v. Holder, 645 F.3d
1035, 1038 (9th Cir. 2011), and we deny the petition for review.
The agency correctly determined that Suvanasarn’s conviction for grand
theft under California Penal Code § 487(a) constitutes an aggravated felony theft
offense because the record of conviction establishes that Suvanasarn pled guilty to
grand theft of personal property. See id. at 1040-41 (using an abstract of judgment
in combination with the charging document to establish that a conviction was for a
removable offense).
Suvanasarn’s contention that his conviction cannot constitute an aggravated
felony theft offense because he may have been convicted as an aider and abettor is
foreclosed by Gonzales v. Duenas-Alvarez, 549 U.S. 183, 185 (2007) (a theft
offense under 8 U.S.C. § 1101(a)(43)(G) for which an alien may be removed
includes the crime of aiding and abetting a theft offense).
PETITION FOR REVIEW DENIED.
05-76675 2

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