THEFT OFFENSE - THEFT OF MEANS OF TRANSPORTATION
Penuliar v. Ashcroft,
395 F.3d 1037 (9th Cir. Jan. 12, 2005) (California conviction
of unlawful driving or taking a vehicle, in violation of Vehicle
Code § 10851(a), was not a theft offense, within the meaning
of INA § 101(a)(43)(G), 8 U.S.C.
THEFT OFFENSE - CONTROLLING STOLEN MEANS OF TRANSPORTATION
Nevarez-Martinez
v. INS, 326 F.3d 1053 (9th Cir. Apr. 16, 2003) (Arizona conviction
of controlling anothers means of transportation, knowing
or with reason to believe it had been stolen, in violation
of Arizona Revised Statute § 13-1814(A)(5), did not constitute
a theft offense aggravated felony, under INA § 101(a)(43)(G),
8 U.S.C.
THEFT OFFENSE - UNAUTHORIZED USE OF MEANS OF TRANSPORTATION
Nevarez-Martinez
v. INS, 326 F.3d 1053 (9th Cir. Apr. 16, 2003) (Arizona conviction
of unauthorized use of a means of transportation, in violation
of Arizona Revised Statute § 13-1814(A)(2), did not constitute
a theft offense aggravated felony, under INA § 101(a)(43)(G),
8 U.S.C. § 1101(a)(43)(G), since the statute did not require
intent to deprive the owner of the property) (alternative
holding).
THEFT OFFENSE - UNLAWFUL USE OF VEHICLE
United States v. Perez-Corona,
295 F.3d 996 (9th Cir. July 8, 2002) (Arizona conviction for
unlawful use of a means of transportation, or joyriding, in
violation of A.R.S.
THEFT OFFENSE - SHOPLIFTING
United States v. Sanchez-Sanchez, 333
F.3d 1065 (9th Cir. June 26, 2003) (Arizona conviction under
Arizona Revised Statute 13-1805(I), a class 4 felony punishing
anyone "who commits shoplifting and has previously committed
or been convicted within the past five years of two or more
offenses involving burglary, shoplifting, robbery, [etc.],"
is not an aggravated felony offense under INA § 101(a)(43)(G),
8 U.S.C.
THEFT OFFENSE - POSSESSION OF STOLEN MAIL
Randhawa v. Ashcroft,
298 F.3d 1148 (9th Cir. Aug. 13, 2002) (federal conviction
for possession of stolen mail, in violation of 18 U.S.C. §
1708, held to be an "aggravated felony" triggering
deportation, since the full range of conduct prohibited by
the criminal statute fell within the aggravated felony definition
of a "theft offense" under INA § 101(a)(43)(G),
8 U.S.C. § 1101(a)(43)(G)).
THEFT OFFENSE - PETTY THEFT WITH PRIOR
United States v. Corona-Sanchez,
291 F.3d 1201 (9th Cir. June 6, 2002) (en banc) (California
felony conviction of petty theft with a prior conviction,
under California Penal Code § 484(a), 666, is a divisible
statute with respect to the aggravated felony generic definition
of theft offense, under INA § 101(a)(43)(G), 8 U.S.C.
THEFT OFFENSE - PETTY THEFT
United States v. Esparza-Ponce, 7 F.Supp.2d
1084 (S.D.Cal. May 18, 1998) (California conviction of theft,
in violation of California Penal Code § 484, could constitute
an "aggravated felony" under INA § 101(a)(43)(G),
8 U.S.C.
THEFT OFFENSE - ARMED ROBBERY
Hernandez-Gonzalez v. Moyer, 907 F.Supp.
1224, 1227 (N.D.Ill. Dec. 8, 1995) (Illinois conviction of
armed robbery constitutes a theft offense, with a sentence
imposed of at least five years, and is therefore an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(43)(G) for
immigration purposes).
THEFT OFFENSE - GRAND THEFT
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.