United States Ninth Circuit

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Duenas-Alvarez v. Holder, 04-74471

Petition for review of the Board of Immigration Appeals (BIA) decision finding petitioner removable because he had committed a theft offense that qualified as an aggravated felony is denied, where: 1) the offense of taking a vehicle without consent, in violation of California Vehicle Code section 10851(a), is a divisible statute; 2) applying the modified categorical approach, petitioner was charged as a principal and not as an accessory after the fact; and 3) petitioner was convicted of an act more serious than joy-riding.

Appellate Information

  • Decided 08/20/2013
  • Published 08/20/2013

Judges

  • GRABER

Court

  • United States Ninth Circuit

Counsel