An aggravated felony includes “a theft offense (including receipt of stolen property) . . . for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least one year.”[720]  The elements of this category are therefore as follows:

 

            (1)  a conviction of an offense that is

            (2)  a theft offense (including receipt of stolen property)

            (3)  with a sentence imposed of at least one year imprisonment.

 

For a discussion of receipt of stolen property offenses, see § 5.67, supra.

[720] INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G).

AGGRAVATED FELONY - THEFT OFFENSE - AUTO THEFT - AIDING AND ABETTING
Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (California conviction of unlawful taking of a vehicle, in violation of Vehicle Code 10851(a), constituted theft offense aggravated felony, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), since the crime of "aiding and abetting" a theft offense is included within the substantive offense).

BIA