GARCIA-MADRUGA

Citations

• 24 I. & N. Dec. 436

Syllabus

GARCIA-MADRUGA, 24 I&N Dec. 436 (BIA 2008) ID 3596 (PDF) (1) A \theft offense\ within the definition of an aggravated felony in section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2000), ordinarily requires the taking of, or exercise of control over, property without consent and with the criminal intent to deprive the owner of the rights and benefits of ownership, even if such deprivation is less than total or permanent. Matter of V-Z-S-, 22 I&N Dec. 1338 (BIA 2000), clarified. (2) The respondent's welfare fraud offense in violation of section 40-6-15 of the General Laws of Rhode Island is not a \theft offense\ under section 101(a)(43)(G) of the Act.