ATTEMPTED THEFT - THEFT OFFENSE

Vieira-Garcia v. INS, 239 F.3d 409 (1st
Cir. Feb. 21, 2001) (Rhode Island conviction of attempted
theft and sentence to term of ten years imprisonment constituted
an aggravated felony under INA § 101(a)(43)(G), 8 U.S.C.
1101(a)(43)(G), triggering deportation).

jurisdiction: 
First Circuit

LARCENY - THEFT OFFENSE

Abimbola v. Ashcroft, 378 F.3d 173 (2d Cir.
Aug. 5, 2004) (Connecticut conviction of third-degree larceny,
under Conn. Gen. Stat. § 53a-124, constitutes an aggravated
felony theft offense under INA § 101(a)(43)(G), 8 U.S.C.
1101(a)(43)(G)).

jurisdiction: 
Second Circuit

PETTY THEFT - THEFT OFFENSE

United States v. Pacheco, 225 F.3d 148
(2d Cir. Aug. 29, 2000), cert. denied, 533 U.S. 904 (2001)
(Rhode Island misdemeanor petty theft conviction, for which
suspended sentence of one year was imposed, constituted an
aggravated felony, under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
warranting 16-level enhancement of illegal re-entry sentence).

jurisdiction: 
Second Circuit

PETTY THEFT - THEFT OFFENSE

Jaafar v. INS, 77 F.Supp.2d 360 (W.D.N.Y.
Nov. 12, 1999) (New York petit larceny conviction, in violation
of N.Y. Penal L. § 155.25, a class A misdemeanor with a sentence
to one year of imprisonment, was an "aggravated felony"
under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) for removal
purposes).

jurisdiction: 
Lower Courts of Second Circuit

THEFT OF SERVICES - THEFT OFFENSE

Ilchuk v. Attorney General, 434
F.3d 618 (3d Cir. Jan. 17, 2006) (Pennsylvania conviction
of theft of services, in violation of 18 Penn. Consol. Stats.
Ann.

jurisdiction: 
Third Circuit

THEFT BY DECEPTION - THEFT OFFENSE

Nugent v. Ashcroft, 367 F.3d
162 (3d Cir. May 7, 2004) (Pennsylvania conviction of theft
by deception, in violation of 18 Pa. Cons. Stat. Ann. § 3922(a),
with an indeterminate sentence from a minimum of six months
to a maximum of 23 months, does not trigger removal as an
aggravated felony fraud conviction under INA § 101(a)(43)(M)(i),
8 U.S.C.

jurisdiction: 
Third Circuit

RESIDENTIAL BURGLARY - CRIME OF VIOLENCE

United States v. Wenner, 351
F.3d 969 (9th Cir. Dec. 12, 2003) (Washington conviction of
residential burglary, in violation of Wash. Rev. Code § 9A.52.025(1),
is not a "burglary of a dwelling" crime of violence
as defined by U.S.S.G. § 4B1.2(a)(2), since the statute classifies
railway cars, fenced areas, and cargo containers as dwellings
although they are not structures under Taylor v. United States,
495 U.S.

jurisdiction: 
Ninth Circuit

BURGLARY

United States v. Velasco-Medina, 305 F.3d 839 (9th Cir. Aug.
12, 2002) (California conviction of second-degree burglary,
in violation of California Penal Code § 459, was an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
for purposes of imposition of a sixteen-level sentencing enhancement
under U.S.S.G.

jurisdiction: 
Ninth Circuit

BURGLARY - CRIME OF VIOLENCE

United States v. Sandoval-Venegas, 292
F.3d 1101 (9th Cir. June 14, 2002) (California conviction
of violating Penal Code § 459 (burglary) not a crime of violence
for purposes of federal career criminal enhancement of bank
robbery sentence under U.S.S.G. § 4B1.1, 4B1.2(a), where
record of conviction did not establish that burglary was of
a dwelling).

jurisdiction: 
Ninth Circuit

AUTO BURGLARY - BURGLARY

Ye v. INS, 214 F.3d 1128 (9th Cir. June
9, 2000) (California conviction of vehicle burglary in violation
of California Penal Code § 459 did not constitute "burglary"
within the federal aggravated felony definition, INA § 101(a)(43)(G),
8 U.S.C. § 1101(a)(43)(G), nor "crime of violence"
within INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Ninth Circuit

 

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