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Conviction for owning a chop shop aggravated to felony theft offense

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Owning, Operating or Conducting a Chop Shop

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).