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§ 7.103 (A)

 
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(A)  Elements of the Aggravated Felony Category.  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.â€[872]  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.

 

Where a conviction is under a divisible statute, the court may look to the record of conviction to see if it can identify the portion of the statute under which the defendant was convicted.  If the record of proceeding does not establish this, then the charge of removability for a conviction of a crime involving moral turpitude cannot be sustained.[873]

 

            For a discussion of receipt of stolen property offenses, see § 7.93, supra.


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

[873] See also K. BRADY, California Criminal Law And Immigration, § § 4.10, 9.5 (Part B) (2004).  Thanks to the Florence Immigration Project for this analysis.

 

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