NOLOS v. HOLDER
611 F.3d 279 (2010)
Roseller Osicos NOLOS, Petitioner,
Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.
United States Court of Appeals, Fifth Circuit.
July 9, 2010.
Roseller O. Nolos, N. Las Vegas, NV, pro se.
Joseph D. Hardy, Jr. and Claire L. Workman, Trial Attys., Tangerlia Cox, John Clifford Cunningham, I and Luis Enrique Perez, Sr. Lit. Counsels, Thomas Ward Hussey, Dir., U.S Dept. of Justice, OIL, Washington, DC, Guadalupe R. Gonzales, Imm. & Customs Enforcement, El Paso, TX, for Respondent.
Before JOLLY and DENNIS, Circuit Judges, and JORDAN, District Judge.*
Roseller Osicos Nolos ("Nolos") petitions for review of the Board of Immigration Appeal's ("BIA") decision to uphold the immigration judge's ("IJ") order of removal and the BIA's subsequent denial of his separate motions to reconsider and to reopen. Nolos argues that he is not removable because (1) he derives United States citizenship from his parents, who he claims acquired United States citizenship by virtue of their births in the Philippine Islands ("Philippines") while the country was a United States territory, and (2) the Nevada theft conviction that forms the basis of the removal order does not qualify as an aggravated felony under 8 U.S.C. § 1101(a)(43)(G). For the following reasons, we DENY the petition for review.
Nolos was admitted to the United States in 1983 as a lawful permanent resident. In 2003, he pleaded guilty to a theft offense pursuant to Nevada Revised Statutes § 205.0832 (2003) in Nevada state court and received a suspended prison sentence of between 18 and 48 months. In July 2006, the Department of Homeland Security ("DHS")1 issued an order to show cause and notice of hearing, charging that Nolos's conviction constituted an aggravated felony pursuant to 8 U.S.C. § 1101(a)(43)(G) and rendered him removable under 8 U.S.C. § 1227(a)(2)(A)(iii).
Nolos, proceeding pro se, admitted the DHS's allegations and conceded his removability. In August 2006, the IJ determined that Nolos was removable because his Nevada conviction constituted an aggravated felony under 8 U.S.C. § 1101(a)(43)(G) and ordered him removed to the Philippines. Nolos timely appealed the IJ's order to the BIA. After an initial dismissal and a subsequent grant of Nolos's motion to reopen in light of newly discovered evidence, the BIA determined that not all of the subsections of Nevada Revised Statutes § 205.0832 constituted aggravated felonies and that the judgment of conviction—the record of conviction the Government submitted to prove Nolos was convicted of a theft offense—did not specify which provision of Nevada Revised Statutes § 205.0832 Nolos was convicted of violating. As a result, it vacated its initial dismissal of Nolos's appeal and remanded the case to the IJ.
On remand, the DHS submitted the Nevada information charging Nolos with theft under Nevada Revised Statutes § 205.0832. After a review of this additional material, the IJ determined that Nolos was convicted under § 205.0832(1)(b); § 205.0832(1)(b) met the requirements of theft under the Immigration and Nationality Act ("INA"); and Nolos was removable as an aggravated felon. The BIA agreed with the IJ's determination and dismissed Nolos's appeal.
Nolos filed a timely petition for review and also filed with the BIA a timely motion for reconsideration and a motion to reopen, asserting in part that he was a citizen of the United States. After the BIA's denial of those motions, Nolos filed an additional timely petition for review of this BIA decision.