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Immigration Law

CA10 on CIMT: Mungia-Baeza v. Sessions

Mungia-Baeza v. Sessions - "Mr. Munguia-Baeza was not convicted under the theft statute. Instead, he was convicted of first-degree aggravated motor vehicle theft under Colo. Rev. Stat. § 18-4-409. Unlike the theft statute, Mr. Munguia-Baeza’s statute of conviction does not require a specific intent to permanently deprive someone of the item’s use or benefit. People v. Andrews, 632 P.2d 1012, 1015 n.4 (Colo. 1981); see pp. 6-8 & n.2, above. Thus, the Board erroneously reasoned that first-degree aggravated motor vehicle theft requires an intent to permanently deprive someone of property. This error taints the Board’s characterization of first-degree aggravated motor vehicle theft as a crime involving moral turpitude, requiring us to grant the petition on the issue of removability."

[Hats off to Darío Aguirre!]