CA9 on Theft, Agg. Felony: Lopez-Aguilar v. Barr

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 Act (“INA”), because of his conviction under Oregon Revised Statutes section 164.395, and denying his application for relief under the Convention Against Torture (“CAT”). We grant Lopez-Aguilar’s petition because we conclude that section 164.395 is not a categorical theft offense and, therefore, not an aggravated felony under § 101(a)(43)(G) of the INA."

[Hats off to Jennifer K. Lesmez, Jerome Mayer-Cantú and Kari Hong, Ninth Circuit Appellate Program, Boston College Law School, Newton, Massachusetts, for Amici Curiae American Immigration Lawyers Association, Florence Immigrant & Refugee Rights Project, and Innovation Law Lab!]