Macapagal v. INS, 2003 WL 21418375, (9th Cir. June 19, 2003) (No. 02-71167 unreported) (California conviction of theft from elder, in violation of Penal Code § 368(d), held not to be an aggravated felony, since it penalizes theft of labor which lies outside the federal definition of a theft offense).