Book updates to AF (Aggravated Felonies)

THEFT OFFENSE - CONSPIRACY TO ENGAGE IN CHECK FRAUD

United States
v. Dabeit, 231 F.3d 979 (5th Cir. Oct. 30, 2000), cert. denied,
531 U.S. 1202, 121 S.Ct. 1214 (2001) (federal conviction for
conspiracy to perpetrate a checking and savings account kite
scheme, in violation of 18 U.S.C. § 2113(b), was an "aggravated
felony," under an attempted theft theory of INA § 101(a)(43)(G),
(U), 8 U.S.C.

jurisdiction: 
Fifth Circuit

THEFT OFFENSE - IDENTITY THEFT

United States v. Mejia-Barba, 327
F.3d 678 (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 re-entry conviction).

jurisdiction: 
Eighth Circuit

THEFT OFFENSE - TAKING OF VEHICLE

United States v. Vidal, 426 F.3d
1011 (9th Cir. Oct. 24, 2005) (California conviction of unlawful
taking of a vehicle, in violation of Vehicle Code § 10851,
constitutes an aggravated felony under the, for purposes of
an eight-level increase in the base offense level for an illegal
re-entry sentence).

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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).

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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)).

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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