Castillo v. Attorney General, 729 F.3d 296 (No. 12-2073) (3d Cir. Sept. 3, 2013) (New Jersey conviction of shoplifting, in violation of N.J. Stat. Ann. 2C:20-11, a disorderly persons offense, could not be considered as a second conviction of a crime involving moral turpitude, since offense was a 'petty offense', rather than a crime, within the meaning of the state constitution, and did not afford the accused constitutional safeguards normally attendant to a criminal proceeding; because (1) disorderly persons offenses were petty offenses, not crimes within the meaning of the New Jersey Constitution; (2) there was no right to a trial by jury or an indictment by a grand jury; (3) a conviction did not give rise to any disability or legal disadvantage; and (4) in carrying its burden of proving the offense, the state is aided by a presumption; the court granted the petition for review and remanded the matter to secure the benefit of the BIA's understanding of the phrase 'convicted of a crime' and to consider the broader question initially asked, i.e., whether Castillo was 'convicted of a crime' under INA 101(a)(48)(A)(ii), 8 U.S.C. 1227(a)(2)(A)(ii)).