Soliman v. Gonzales, __ F.3d __ (4th Cir. Aug. 22, 2005) (fraudulent use of a credit card," in violation of Virginia Code 18.2-195, with intent to obtain $200.00 in property, is not an aggravated felony theft offense; the BIA erred in finding that fraud offenses necessarily included theft; theft is distinguishable from fraud, in that theft requires the taking of property without consent, while fraud requires an intent to deprive through consent obtained through misrepresentation).
http://caselaw.lp.findlaw.com/data2/circs/4th/041990p.pdf

Penuliar v. Ashcroft, ___ F.3d ___, 2005 WL 74093 (9th Cir. January 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. 1101(a)(43)(G), because the statute and charge both were overbroad with respect to the definition of a theft offense by encompassing not only substantive theft offenses but aiding and abetting them as well).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371578p.pdf

Martinez-Perez v. Ashcroft, 393 F.3d 1018 (9th Cir. Dec. 29, 2004) (record of conviction - i.e., the charge and the absence of any codefendants - negated the possibility the defendant was convicted on an aiding and abetting theory which renders the statute divisible), vacated __ F.3d __ (9th Cir. August 3, 2005). AGGRAVATED FELONY - 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 8 U.S.C. 1101(a)(43)(G), and triggers deportation where a sentence of one year or more is imposed).
http://caselaw.lp.findlaw.com/data2/circs/2nd/022632p.pdf

United States v. Sanchez-Sanchez, 333 F.3d 1065 (9th Cir. June 26, 2003) (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.]," may not be an aggravated felony offense under 8 U.S.C. 1101(a)(43)(G), INA 101(a)(43)(G), in light of Corona-Sanchez v. INS, 291 F.3d 1201 (9th Cir. 2002). The offense is a felony only on the basis of a prior conviction-based sentence).

United States v. Mejia-Barba, 327 F.3d 678, 2003 WL 21000811 (8th Cir. May 5, 2003)(Iowa conviction of identity theft, in violation of Iowa Code § 715A.8, constitutes aggravated felony as a "theft offense" as defined in INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G), for purposes of eight-level sentence enhancement under United States Sentencing Guideline § 2L1.2(b)(1)(C), for illegal reentry conviction).      This decision is very poorly reasoned, and should not be followed.

United States v. Mejia-Barba, 327 F.3d 678, 2003 WL 21000811 (8th Cir. May 5, 2003)(Iowa conviction of identity theft, in violation of Iowa Code § 715A.8, constitutes aggravated felony as a "theft offense" as defined in INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G), for purposes of eight-level sentence enhancement under United States Sentencing Guideline § 2L1.2(b)(1)(C), for illegal reentry conviction).

Nevarez-Martinez v. INS, ___ F.3d ___, 2003 WL 1878279 (9th Cir. April 16, 2003)(Arizona conviction of "theft of a means of transportation," in violation of Arizona Revised Statute § 13-1814, did not constitute a theft offense aggravated felony, under INA 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G), where the record of conviction did not establish that the noncitizen had been convicted of violating a portion of the statute of conviction that required intent).

1878279 (9th Cir. April 16, 2003)(Arizona conviction of failure to return lost a means of transportation, in violation of Arizona Revised Statute § 13-1814(A)(4), 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)(alternative holding).

Huerta-Guevara v. Ashcroft, 321 F.3d 883 (9th Cir. March 4, 2003)(Arizona conviction for possession of a stolen vehicle, in violation of A.R.S. 13-1802, did not qualify as a theft offense conviction under the generic definition of "theft offense" adopted in Corona-Sanchez v. INS, 291 F.3d 1201, 1205 (9th Cir.