Bobb v. Atty Gen. of the United States, __ F.3d __ (9th Cir. Aug. 3, 2006) (the DHS is not required to charge noncitizens under the aggravated felony category that best describes the offense of conviction; DHS can charge under any category as long as the offense falls within that category), but see Nugent v. Ashcroft, 367 F.3d 162 (3d Cir. 2004) [offense that is both fraud and theft must meet both sentence and loss requirements].
http://caselaw.lp.findlaw.com/data2/circs/3rd/052891p.pdf