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.
Tags:aggravated felonycategorical approachdescampsindivisiblemodified categorical approachoverbroadthefttheft offense
Home » Immigration Updates » Got a theft offense. Think your an aggravated felon? Think again.
Got a theft offense. Think your an aggravated felon? Think again.
Related Posts
Court Considers Both Charging Document and Statute in Aggravated Felony Analysis
Declining to review the BIA’s denial of the cancellation application, the Ninth Circuit ruled that the petitioner’s guilty plea to the charge of violating a Washington state…
BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony
The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging…
Second Circuit throws doubt on the Categorical Approach of Drug Convictions
In Doe v. Sessions, the Second Circuit found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable,…
Court Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony
The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted…