Martinez-Perez v. Ashcroft, 393 F.3d 1018 (9th Cir. Dec. 29, 2004) (record of conviction - i.e., the charge and the absence of any codefendants - negated the possibility the defendant was convicted on an aiding and abetting theory which renders the statute divisible), vacated __ F.3d __ (9th Cir. August 3, 2005). AGGRAVATED FELONY - THEFT OFFENSE
Martinez-Perez v. Ashcroft, 393 F.3d 1018 (9th Cir. Dec. 29, 2004) (California conviction for grand theft by taking property from the person of another, in violation of Penal Code 487(c), constitutes a theft offense, and therefore is an aggravated felony under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for deportation purposes, because California courts have held an intent permanently to deprive the owner of property is an essential element of this offense, and because the record of conviction - i.e., the charge and the absence of any codefendants - negated the possibility the defendant was convicted on an aiding and abetting theory which renders the statute divisible).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370531p.pdf

jurisdiction: 
Ninth Circuit

 

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