Fernandez-Ruiz v. Gonzales, 410 F.3d 585 (9th Cir. June 1, 2005), vacated on grant of rehearing en banc, ___ F.3d ___ 2005 WL 3372624 (9th Cir. Dec.13, 2005) (Arizona conviction of theft, in violation of Ariz. Rev. Stat. 13-1802(A)(1) and (C) (1992), defined as knowingly, and without lawful authority, controlling the property of another with the intent to deprive that person of it, with a sentence of 14 months in custody, constitutes a theft offense aggravated felony under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for purposes of disqualifying a respondent from eligibility for cancellation of removal under INA 240A(a)(3), 8 U.S.C. 1229b(a)(3)).
jurisdiction:
Ninth Circuit