· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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