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Keywords

statuteappealpleafelonyprobation

defendantstatuteappealpleafelonyprobation

Related Cases

Valencia v. Lynch

Facts

Lopez-Valencia, a lawful permanent resident of the U.S. since 1989, pleaded nolo contendere to petty theft under California Penal Code Section 666 in 2004, which included a sentence enhancement due to prior convictions. After violating probation and being convicted of a controlled substance offense, he was placed in removal proceedings. The Immigration Judge ruled that his theft conviction constituted an aggravated felony, a decision affirmed by the Board of Immigration Appeals.

The facts essential to this appeal are not disputed. Lopez-Valencia, a native and citizen of Mexico, became a lawful permanent resident of the United States in 1989. In late 2004, he pleaded nolo contendere to a violation of California Penal Code Section 666 (petty theft as defined in California Penal Code Sections 484 and 488 with a sentence enhancement due to prior qualifying convictions), and was sentenced to a term of three years of probation.

Issue

Whether a conviction under California's theft statute qualifies as an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(G).

The central issue in this appeal is whether a conviction under California's theft statute may qualify as an 'aggravated felony' because it is a 'theft offense' as defined by 8 U.S.C. 1101(a)(43)(G).

Rule

A conviction for theft in California is categorically not a generic theft offense because it is both overbroad and indivisible, and thus not susceptible to the modified categorical approach.

Following the instructions of both Descamps and our subsequent decision in Rendon, we hold that a California conviction for theft is never an aggravated felony because it is categorically not a theft offense.

Analysis

The court applied the legal framework established in Descamps and Rendon to determine that California's theft statute does not align with the federal definition of a theft offense. The court noted that the statute is overbroad, criminalizing conduct that does not meet the federal definition, and is indivisible, as jurors are not required to unanimously agree on the method of theft committed.

Applying Rendon to California's theft statute is not complicated. The statute is indivisible because the jury need not unanimously agree on how the defendant committed theft.

Conclusion

The Ninth Circuit concluded that a conviction under California's theft statute is not an aggravated felony and granted Lopez-Valencia's petition, remanding the case for further proceedings.

We grant Lopez-Valencia's petition and remand to the Board of Immigration Appeals for further proceedings.

Who won?

Lopez-Valencia prevailed because the court determined that his theft conviction did not meet the criteria for an aggravated felony under federal law.

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