Martinez-Perez v. Ashcroft, 417
F.3d 1022 (9th Cir. Aug. 2, 2005) (California conviction for
grand theft by taking property from the person of another,
in violation of Penal Code § 487(c), is not an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C.

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.

Martinez-Perez v. Ashcroft, 393
F.3d 1018 (9th Cir. Dec. 29, 2004) (California conviction
for grand theft by taking property from the person of another,
in violation of Penal Code § 487(c), constitutes a theft offense,
and therefore is an aggravated felony under INA § 101(a)(43)(G),
8 U.S.C.

Patel v. Ashcroft, 294 F.3d 465 (3d Cir. June 20,
2002) (federal conviction of harboring an undocumented noncitizen,
in violation of INA § 101(a)(1)(A), 8 U.S.C. § 1324(a)(1)(A),
met the definition of an "aggravated felony" under
INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N), for immigration
purposes, despite the fact that defendant had no part in the
harbored persons illegal admission or entry).

Gavilan-Cuate v. Yetter, 276 F.3d 418 (8th Cir.
Jan. 9, 2002) (federal conviction of conspiracy to transport
and harbor illegal aliens, in violation of INA §§ 274(a)(1)(A)(ii)
and (iii), 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (iii), constituted
aggravated felony under INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N),
despite parenthetical mentioning smuggling).

Castro-Espinosa v. Ashcroft, 257 F.3d 1130 (9th
Cir. July 17, 2001) (federal conviction of harboring illegal
aliens in violation of INA § 274(a)(1)(A)(iii), 8 U.S.C. §
1324(a)(1)(A)(iii) is an "aggravated felony," under
INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N), for removal
purposes).

United States v. Martinez-Candejas, 347 F.3d 853
(10th Cir. Oct. 21, 2003) (federal conviction: aggravated
felony category of alien smuggling includes transportation
and harboring for purposes of 16-level enhancement of illegal
re-entry sentence under U.S.S.G. § 2L1.2(b)(1)(A)(vii) (2002)
based on prior aggravated felony conviction).

Rivera-Sanchez v. Reno, 198 F.3d
545 (5th Cir. Dec. 30, 1999) (federal illegal entry conviction
of violating INA § 275(a), 8 U.S.C. § 1325(a) is outside the
ambit of INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N), which
is explicitly confined to convictions under INA § 274(a),
8 U.S.C. § 1324(a), and so is not an aggravated felony under
that theory for immigration purposes).

United States v. Garcia, 400 F.3d 816 (9th Cir.
Mar. 11, 2005) (federal conviction of aiding and abetting
is not a separate offense from the substantive offenses of
alien smuggling and transportation of aliens, but rather a
different theory of liability for the same offense).

Matter of Alvarado-Alvino, 22 I. & N. Dec. 718
(BIA May 24, 1999) (federal conviction of illegal entry, in
violation of INA § 275(a), 8 U.S.C. § 1325, is not an aggravated
felony under INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N),
which specifically refers to those offenses relating to alien
smuggling described in INA §§ 274(a)(1)(A) and (2), 8 U.S.C.
§§ 1324(a)(1)(A) and (2)).