RELIEF - 212(C) RELIEF - ELIGIBILITY - NONCITIZEN NOT ELIGIBLE FOR 212(C) RELIEF SINCE TEST REQUIRING COMPARABLE GROUND OF INADMISSIBILITY APPLIES TO SPECIFIC AGGRAVATED FELONY GROUNDS

Dalombo Fontes v. Gonzales, ___ F.3d ___, 2007 WL 949590 (1st Cir. March 30, 2007) (rejecting argument that the Board of Immigration Appeals erred in finding noncitizen ineligible for discretionary relief under former INA 212(c) because the comparability test does not apply to persons charged with deportability on the basis of specific aggravated felony grounds).

jurisdiction: 
First Circuit

THEFT OFFENSE

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.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - COUNTERFEITING - TRAFFICKING IN COUNTERFEIT GOODS

Park v. Attorney General of the United States, ___ F.3d ___, 2006 WL 3821408 (3d Cir. Dec. 29, 2006) (federal conviction of trafficking in counterfeit goods or services in violation of the Trademark Counterfeiting Act of 1984, 18 U.S.C. 2320, is an aggravated felony conviction for "an offense relating to ... counterfeiting," under INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R)).

jurisdiction: 
Third Circuit

SHOPLIFTING - THEFT OFFENSE

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.

jurisdiction: 
Ninth Circuit

PETTY THEFT WITH PRIOR - THEFT OFFENSE

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.

jurisdiction: 
Ninth Circuit

PETTY THEFT - THEFT OFFENSE

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.

jurisdiction: 
Lower Courts of Ninth Circuit

GRAND THEFT - THEFT OFFENSE

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.

jurisdiction: 
Eleventh Circuit

PETTY THEFT - THEFT OFFENSE

United States v. Christopher, 239 F.3d
1191 (11th Cir. Jan. 22, 2001), cert. denied, 122 S.Ct. 178
(2001) (Georgia conviction for misdemeanor shoplifting, with
a maximum of one year, qualified as an aggravated felony under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for enhancing
illegal re-entry sentence pursuant to U.S.S.G.

jurisdiction: 
Eleventh Circuit

RELIEF - 212(C) RELIEF - ELIGIBILITY - NONCITIZEN NOT ELIGIBLE FOR 212(C) RELIEF DESPITE FACT THAT AGGRAVATED FELONY OFFENSE TRIGGERING DEPORTATION CONSTITUTED CRIME OF MORAL TURPITUDE FOR WHICH THERE IS A COMPARABLE GROUND OF INADMISSIBILITY

Dalombo Fontes v. Gonzales, ___ F.3d ___, 2007 WL 949590 (1st Cir. March 30, 2007) (rejecting argument that the Board of Immigration Appeals erred in finding noncitizen ineligible for discretionary relief under former INA 212(c) because the crime forming the basis for the aggravated felony/crime of violence finding, first-degree sexual assault, is a "crime involving moral turpitude" under INA 212(a), 8 U.S.C. 1182(a), which does have a counterpart in section 212(a) and is thus waivable under section 212(c)).

jurisdiction: 
First Circuit

THEFT - FRAUD OFFENSE

Munroe v. Ashcroft, 353 F.3d 225 (3d Cir.
Dec. 16, 2003) (New Jersey conviction of theft by deception,
N.J.S.A. § 2C: 20-4, held to be aggravated felony fraud conviction
under INA § 101(a)(43)(M)(i), 8 U.S.C.

jurisdiction: 
Third Circuit

 

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