Matter of Thakker, 28 I&N Dec. 843 (BIA 2024) (1) The assumption in Matter of Jurado that a retail theft offense involves an intent to permanently deprive a victim of their property is inconsistent with the categorical approach as currently articulated by...
T hok v. Garland "Because an offender can be convicted under Nebraska’s shoplifting statute when he acts with an intent not encompassed by a generic theft offense, we hold that the statute sweeps more broadly than the generic federal offense. Accordingly...
Matter of Koat, 28 I&N Dec. 450 (BIA 2022) - Section 714.1 of the Iowa Code is divisible with respect to whether a violation of the statute involved theft by taking without consent or theft by fraud or deceit, permitting an Immigration Judge to review the conviction...
Da Graca v. Garland "Aires Daniel Benros Da Graca petitions for review of a decision of the Board of Immigration Appeals (the "Board") affirming his order of removal and denying his requests for cancellation of removal and voluntary departure....
BIA, Mar. 15, 2021 "Amicus Invitation No. 21-15-03 AMICUS INVITATION (Divisibility of Iowa’s Theft Statute) Due Date: April 14, 2021 March 15, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing...
Lopez-Aguilar v. Barr "Petitioner Ludwin Israel Lopez-Aguilar, a native and citizen of Guatemala, seeks review of a final order of the Board of Immigration Appeals (“BIA”) finding him removable pursuant to § 237(a)(2)(A)(iii) of the Immigration and Nationality...
In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must conclude that...
Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) - Robbery under section 211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under section 101(a)(43)(G) of the Immigration...
Vassell II, Oct. 21, 2016 - "The opinion issued by this panel in this case on June 13, 2016 is withdrawn, and this opinion is issued in its place. In our earlier opinion, this Court reversed the holding of the Board of Immigration Appeals (BIA) that Winsome...
Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016) - (1) A “theft offense” under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 101(a)(43)(G) (2012), which requires the taking of property “without consent,” includes extortionate takings...
Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell has filed a petition for...
Mena v. Lynch, Apr. 27, 2016 - "Common sense suggests that knowingly receiving either stolen or embezzled property – i.e., the offense set forth in the second paragraph of § 659 - is a form of theft. See, e.g., United States v. Johnson, 612 F.2d 843, 846 ...
"Adhering to the methodology established by Descamps and our follow-on opinion in Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014), we conclude that a conviction under California’s theft statute is not an aggravated felony because it is not a “theft offense...
"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with...
"Julio C. David Castillo, a citizen of Honduras, filed this petition seeking review of a decision by the Board of Immigration Appeals (BIA) dismissing Castillo’s appeal from an immigration judge’s order of removal. The BIA determined that Castillo was removable...