Book updates to AF (Aggravated Felonies)

PETTY THEFT - THEFT OFFENSE

United States v. Graham, 169 F.3d 787
(3d Cir. Mar. 5, 1999), cert. denied, 528 U.S. 845 (1999)
(New York conviction of petit larceny with sentence imposed
of one year or more was "aggravated felony" under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for purposes
of illegal re-entry sentencing enhancement, even though it
was a misdemeanor under state law).

jurisdiction: 
Third Circuit

THEFT OFFENSE - PETTY THEFT WITH A PRIOR CONVICTION - SENTENCE ENHANCEMENT

Mutascu
v. Gonzales, __ F.3d __ (5th Cir. Apr. 3, 2006)
(California conviction of petty theft with a prior, in violation
of Penal Code § 666, with one-year sentence imposed is an
aggravated felony theft offense), rejecting United States
v. Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002).

jurisdiction: 
Fifth Circuit

IDENTITY THEFT - THEFT OFFENSE

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

TAKING OF VEHICLE - THEFT OFFENSE

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

Fernandez-Ruiz v. Gonzales, 431 F.3d 1212 (9th Cir.
June 1, 2005) (Arizona conviction of theft, in violation of
Ariz. Rev. Stat. § 13-1802(A)(1) and (C), defined as knowingly,
and without lawful authority, controlling the property of
another with the intent to deprive that person of it, with
a sentence of 14 months in custody, constitutes a theft offense
aggravated felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G)).

jurisdiction: 
Ninth Circuit

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

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