CA9 Finds California Conviction for Owning and Operating a Chop Shop Is Not an Aggravated Felony

Court holds that a violation of Cal. Veh. Code § 10801 does not categorically qualify as an aggravated felony theft offense, nor does the record establish that the petitioner’s violation constituted a theft offense under the modified categorical approach. Grants petition and remands. (Carrillo-Jaime v. Holder, 7/15/09).