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BUNTY NGAETH v. MUKASEY

No. 04-71732.

545 F.3d 796 (2008)

BUNTY NGAETH, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2008.

Attorney(s) appearing for the Case

Bill Waddell, Law Office of Bill Waddell, San Diego, CA, for the petitioner.

Jeffrey J. Bernstein and Jem C. Sponzo, United States Department of Justice, Civil Division, Washington, DC, for the respondent.

Before: BARRY G. SILVERMAN and MARSHA S. BERZON, Circuit Judges, and ROGER T. BENITEZ, District Judge.

PER CURIAM:

Bunty Ngaeth1 petitions for review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen. He argues that the BIA erred in holding that his burglary conviction could be classified as an attempted theft offense, qualifying him as an aggravated felon under the Immigration and Nationality Act ("INA"). See 8 U.S.C. § 1101(43)(G), (U). We have jurisdiction...

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