Case Details
- Status
- Published
- Procedural Posture
- Appeal before Board of Immigration Appeals (BIA)
Related Laws
No specific laws identified for this ruling.
Outcome
BIA held that under Ninth Circuit law, Nevada's offense of attempted possession of a stolen vehicle requiring only a mental state of 'reason to believe' is not categorically an aggravated felony theft offense under the Immigration and Nationality Act.
Excerpt
SIERRA, 26 I&N Dec. 288 (BIA 2014) ID 3799 (PDF) Under the law of the United States Court of Appeals for the Ninth Circuit, the offense of attempted possession of a stolen vehicle in violation of sections 193.330 and 205.273 of the Nevada Revised Statutes, which requires only a mental state of "reason to believe," is not categorically an aggravated felony "theft offense (including receipt of stolen property)" under sections 101(a)(43)(G) and (U) of the Immigration and Nationality Act, 8 U.S.C. §§ 1101(a)(43)(G) and (U) (2012).
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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