Jaggerneuth v. U.S. Atty General, 432
F.3d 1346 (11th Cir. Dec. 19, 2005) (Florida conviction of
grand theft, in violation of Fla. Stat. § 812.014(1), did
not constitute aggravated felony theft, under INA § 101(a)(43)(G),
8 U.S.C. § 1101(a)(43)(G), for immigration purposes, because
the statute was divisible as subsection (b) required only
intent to appropriate use of the property, and the record
of conviction did not establish that the defendant was convicted
under subsection (a) which would have qualified as an aggravated
felony).
jurisdiction:
Eleventh Circuit