John A. Segura-Neira v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN A. SEGURA-NEIRA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71453
Agency No. A071-621-528
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 6, 2015**
Pasadena, California
Before: KLEINFELD, McKEOWN, and M. SMITH, Circuit Judges.
John A. Segura-Neira petitions for review of the BIA’s determination that he
was properly found subject to removal. Because the parties are familiar with the
facts and procedural history of this case, we repeat only those facts necessary to
resolve the issues raised on appeal. We deny the petition.
FILED
APR 23 2015
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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Segura is removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(i), which
provides: “Any alien who is convicted of a crime involving moral turpitude
committed within five years . . . after the date of admission, and is convicted of a
crime for which a sentence of one year or longer may be imposed, is deportable.”
Segura was convicted of grand theft of personal property under Cal. Penal
Code § 487(a). Grand theft is a crime involving moral turpitude. Rashtabadi v.
INS, 23 F.3d 1562, 1568 (9th Cir. 1994). Grand theft is punishable “by
imprisonment in a county jail not exceeding one year.” Cal. Penal Code § 489(c).
Segura argues that we should consider that while the initial offense was a
felony, it was later reduced to a misdemeanor. However, regardless of whether the
conviction was for a misdemeanor or a felony, the punishment for the offense can
be one year. See Cal. Penal Code § 489(c). Cal. Penal Code § 19 does not help
Segura. That statute provides that “[e]xcept in cases where a different punishment
is prescribed by any law of this state, every offense declared to be a misdemeanor
is punishable by imprisonment in the county jail not exceeding six months.” Cal.
Penal Code § 19. As we recently explained in Ceron v. Holder:
California Penal Code section 19 specifies a general statutory
maximum penalty of six months' imprisonment in the county jail for
all misdemeanors, “[e]xcept in cases where a different punishment is
prescribed by any law of this state.” (Emphasis added.) That is,
whenever the criminal statute in question prescribes a different
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maximum penalty, the six-month default maximum simply does not
apply.
747 F.3d 773, 778 (9th Cir. 2014) (en banc). Such is the case here. Cal. Penal
Code § 489(c) prescribes a different maximum penalty for a grand theft
misdemeanor – imprisonment in a county jail not exceeding one year – and thus
“the default statutory maximum of six months, prescribed by section 19, is
inapplicable.” Id. Therefore, because Segura meets all requirements under 8
U.S.C. § 1227(a)(2)(A)(i), he is deportable.
PETITION DENIED.
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