The Ninth Circuit granted the petition for review and remanded, finding that a conviction under California’s theft statute is categorically not a theft offense, and thus not an aggravated felony, because the statute is both overbroad and indivisible, and such a conviction is not susceptible to the modified categorical approach pursuant to Descamps v. United States and Rendon v. Holder.
Filed under: Immigration Attorney | Tagged: aggravated felony, categorical approach, descamps, indivisible, modified categorical approach, overbroad, theft, theft offense |
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