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· 3/4/2003

Maria Huerta-Guevara v. John D. Ashcroft, U.S. Attorney General

Citations

  • 321 F.3d 883
  • 2003 Cal. Daily Op. Serv. 1916
  • 2003 U.S. App. LEXIS 3788
  • 2003 WL 721729

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a conviction for theft under A.R.S. § 13-1802 is not a generic theft offense because “services are not property”
  • noting that “charging documents in combination with a signed plea agreement, jury instructions, guilty pleas, transcripts of a plea proceeding, and the judgment may suffice to document the elements of conviction” under the modified categorical approach
  • rejecting Government’s argument that “Huerta waived her ability to challenge deportability before the BIA by conceding that she was removable”
  • “The difficulty is that the con- viction’s label only goes so far; the conviction itself must meet the generic definition of theft no matter what the state calls it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rymer, Tallman, Trott

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.