Aggravated Felony Theft and Burglary Offenses

The categorical rules for aggravated-felony theft, receipt of stolen property, and burglary under INA §101(a)(43)(G), including the one-year imprisonment requirement.

INA §101(a)(43)(G) covers a theft offense, including receipt of stolen property, or burglary offense for which the term of imprisonment is at least one year. Theft and burglary have separate generic definitions, and state statutes can be broader or divisible.

For aggravated felony theft burglary, the practitioner should map the aggravated felony theft burglary charge before making concessions. The aggravated felony theft burglary map should identify the conviction, the aggravated felony theft burglary statutory comparator, the governing aggravated felony theft burglary method, and the evidence that current aggravated felony theft burglary law permits.

Matter of Garcia-Madruga defines generic theft as taking or exercising control over property without consent and with criminal intent to deprive the owner of ownership rights or benefits, even if the deprivation is less than permanent.

Within aggravated felony theft burglary, this proposition narrows the aggravated felony theft burglary dispute. The clause “Matter of Garcia-Madruga defines generic theft as taking or exercising control over property without consent and with criminal intent to deprive the owner of ownership rights or benefits” must be linked to aggravated felony theft burglary authority before “even if the deprivation is less than permanent.” is treated as established. Matter of Garcia-Madruga, 24 I&N Dec. 436 (BIA 2008) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 1 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Fraud differs from generic theft because fraud commonly involves property obtained with consent that was induced by deception; the consent distinction can determine which aggravated-felony category applies.

Within aggravated felony theft burglary, this proposition controls the aggravated felony theft burglary dispute. The clause “Fraud differs from generic theft because fraud commonly involves property obtained with consent that was induced by deception” must be linked to aggravated felony theft burglary authority before “the consent distinction can determine which aggravated-felony category applies.” is treated as established. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 2 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Receipt of stolen property is expressly included in §101(a)(43)(G) and does not require the property to have been acquired through common-law larceny.

Within aggravated felony theft burglary, this proposition structures the aggravated felony theft burglary dispute. The clause “Receipt of stolen property is expressly included in §101(a)(43)(G) and does” must be linked to aggravated felony theft burglary authority before “not require the property to have been acquired through common-law larceny.” is treated as established. Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 3 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Generic burglary is a separate branch of paragraph (G); state definitions of building or structure may create overbreadth or divisibility issues.

Within aggravated felony theft burglary, this proposition changes the aggravated felony theft burglary dispute. The clause “Generic burglary is a separate branch of paragraph (G)” must be linked to aggravated felony theft burglary authority before “state definitions of building or structure may create overbreadth or divisibility issues.” is treated as established. Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 4 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Matter of V-A-K- treats certain adapted vehicles used for overnight accommodation as within generic burglary, while Matter of Pougatchev illustrates how a broader indivisible definition of building can defeat categorical burglary treatment.

Within aggravated felony theft burglary, this proposition directs the aggravated felony theft burglary dispute. The clause “Matter of V-A-K- treats certain adapted vehicles used for overnight accommodation as within generic burglary” must be linked to aggravated felony theft burglary authority before “while Matter of Pougatchev illustrates how a broader indivisible definition of building can defeat categorical burglary treatment.” is treated as established. Matter of Garcia-Madruga, 24 I&N Dec. 436 (BIA 2008) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 5 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

The one-year term-of-imprisonment requirement is independent of the categorical match and must be proved from the sentence under INA §101(a)(48)(B).

Within aggravated felony theft burglary, this proposition governs the aggravated felony theft burglary dispute. The clause “The one-year term-of-imprisonment requirement is independent of the categorical match” must be linked to aggravated felony theft burglary authority before “and must be proved from the sentence under INA §101(a)(48)(B).” is treated as established. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 6 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Robbery may qualify as a theft offense when its elements necessarily include a nonconsensual taking with intent to deprive, as Matter of Delgado illustrates.

Within aggravated felony theft burglary, this proposition resolves the aggravated felony theft burglary dispute. The clause “Robbery may qualify as a theft offense when its elements necessarily include a nonconsensual taking with intent to deprive” must be linked to aggravated felony theft burglary authority before “as Matter of Delgado illustrates.” is treated as established. Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 7 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Attempted theft or burglary can qualify through §101(a)(43)(U) when the underlying target offense meets the aggravated-felony definition.

Within aggravated felony theft burglary, this proposition frames the aggravated felony theft burglary dispute. The clause “Attempted theft or burglary can qualify through §101(a)(43)(U)” must be linked to aggravated felony theft burglary authority before “when the underlying target offense meets the aggravated-felony definition.” is treated as established. Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 8 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Counsel should not merge theft, burglary, fraud, and crime-of-violence theories; DHS must establish the aggravated-felony category actually charged or properly amend the charge.

Within aggravated felony theft burglary, this proposition limits the aggravated felony theft burglary dispute. The clause “Counsel should not merge theft” must be linked to aggravated felony theft burglary authority before “burglary” is treated as established. Matter of Garcia-Madruga, 24 I&N Dec. 436 (BIA 2008) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 9 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

A complete analysis requires the statute in effect at conviction, divisibility research, Shepard-type conviction documents where permitted, and the sentence record.

Within aggravated felony theft burglary, this proposition defines the aggravated felony theft burglary dispute. The clause “A complete analysis requires the statute in effect at conviction” must be linked to aggravated felony theft burglary authority before “divisibility research” is treated as established. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) supplies a published aggravated felony theft burglary reference for the legal method or qualifier involved.

A aggravated felony theft burglary record on rule 10 should identify the aggravated felony theft burglary document proving the conviction, the aggravated felony theft burglary source proving the legal rule, and the aggravated felony theft burglary fact that remains disputed. That rule-specific aggravated felony theft burglary structure keeps allegations from replacing the legally operative aggravated felony theft burglary requirement.

Matter of Garcia-Madruga, 24 I&N Dec. 436 (BIA 2008) matters to aggravated felony theft burglary because its holding addresses a aggravated felony theft burglary component reflected in this rule: Matter of Garcia-Madruga defines generic theft as taking or exercising control over property without consent and with criminal intent to deprive the owner of ownership rights or benefits, even if the deprivation is less than permanent.

Applying Matter of Garcia-Madruga, 24 I&N Dec. 436 (BIA 2008) to aggravated felony theft burglary also requires attention to this separate aggravated felony theft burglary proposition: Fraud differs from generic theft because fraud commonly involves property obtained with consent that was induced by deception; the consent distinction can determine which aggravated-felony category applies. The aggravated felony theft burglary brief should use the case for those propositions and avoid extending the aggravated felony theft burglary holding beyond its procedural posture.

Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) matters to aggravated felony theft burglary because its holding addresses a aggravated felony theft burglary component reflected in this rule: Receipt of stolen property is expressly included in §101(a)(43)(G) and does not require the property to have been acquired through common-law larceny.

Applying Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) to aggravated felony theft burglary also requires attention to this separate aggravated felony theft burglary proposition: Generic burglary is a separate branch of paragraph (G); state definitions of building or structure may create overbreadth or divisibility issues. The aggravated felony theft burglary brief should use the case for those propositions and avoid extending the aggravated felony theft burglary holding beyond its procedural posture.

Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022) matters to aggravated felony theft burglary because its holding addresses a aggravated felony theft burglary component reflected in this rule: Matter of V-A-K- treats certain adapted vehicles used for overnight accommodation as within generic burglary, while Matter of Pougatchev illustrates how a broader indivisible definition of building can defeat categorical burglary treatment.

Applying Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022) to aggravated felony theft burglary also requires attention to this separate aggravated felony theft burglary proposition: The one-year term-of-imprisonment requirement is independent of the categorical match and must be proved from the sentence under INA §101(a)(48)(B). The aggravated felony theft burglary brief should use the case for those propositions and avoid extending the aggravated felony theft burglary holding beyond its procedural posture.

Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023) matters to aggravated felony theft burglary because its holding addresses a aggravated felony theft burglary component reflected in this rule: Robbery may qualify as a theft offense when its elements necessarily include a nonconsensual taking with intent to deprive, as Matter of Delgado illustrates.

Applying Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023) to aggravated felony theft burglary also requires attention to this separate aggravated felony theft burglary proposition: Attempted theft or burglary can qualify through §101(a)(43)(U) when the underlying target offense meets the aggravated-felony definition. The aggravated felony theft burglary brief should use the case for those propositions and avoid extending the aggravated felony theft burglary holding beyond its procedural posture.

A aggravated felony theft burglary file should integrate three distinct aggravated felony theft burglary propositions. First: Matter of Garcia-Madruga defines generic theft as taking or exercising control over property without consent and with criminal intent to deprive the owner of ownership rights or benefits, even if the deprivation is less than permanent. Second: Generic burglary is a separate branch of paragraph (G); state definitions of building or structure may create overbreadth or divisibility issues. Third: Robbery may qualify as a theft offense when its elements necessarily include a nonconsensual taking with intent to deprive, as Matter of Delgado illustrates.

Those aggravated felony theft burglary propositions determine the aggravated felony theft burglary documents worth collecting. Certified records should prove aggravated felony theft burglary elements and sentence; historical materials should prove aggravated felony theft burglary timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony theft burglary qualifier. The final aggravated felony theft burglary brief should assign each aggravated felony theft burglary burden and request a precise aggravated felony theft burglary ruling.

A aggravated felony theft burglary file should integrate three distinct aggravated felony theft burglary propositions. First: Fraud differs from generic theft because fraud commonly involves property obtained with consent that was induced by deception; the consent distinction can determine which aggravated-felony category applies. Second: Matter of V-A-K- treats certain adapted vehicles used for overnight accommodation as within generic burglary, while Matter of Pougatchev illustrates how a broader indivisible definition of building can defeat categorical burglary treatment. Third: Attempted theft or burglary can qualify through §101(a)(43)(U) when the underlying target offense meets the aggravated-felony definition.

Those aggravated felony theft burglary propositions determine the aggravated felony theft burglary documents worth collecting. Certified records should prove aggravated felony theft burglary elements and sentence; historical materials should prove aggravated felony theft burglary timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony theft burglary qualifier. The final aggravated felony theft burglary brief should assign each aggravated felony theft burglary burden and request a precise aggravated felony theft burglary ruling.

A aggravated felony theft burglary file should integrate three distinct aggravated felony theft burglary propositions. First: Receipt of stolen property is expressly included in §101(a)(43)(G) and does not require the property to have been acquired through common-law larceny. Second: The one-year term-of-imprisonment requirement is independent of the categorical match and must be proved from the sentence under INA §101(a)(48)(B). Third: Counsel should not merge theft, burglary, fraud, and crime-of-violence theories; DHS must establish the aggravated-felony category actually charged or properly amend the charge.

Those aggravated felony theft burglary propositions determine the aggravated felony theft burglary documents worth collecting. Certified records should prove aggravated felony theft burglary elements and sentence; historical materials should prove aggravated felony theft burglary timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony theft burglary qualifier. The final aggravated felony theft burglary brief should assign each aggravated felony theft burglary burden and request a precise aggravated felony theft burglary ruling.

A aggravated felony theft burglary file should integrate three distinct aggravated felony theft burglary propositions. First: Generic burglary is a separate branch of paragraph (G); state definitions of building or structure may create overbreadth or divisibility issues. Second: Robbery may qualify as a theft offense when its elements necessarily include a nonconsensual taking with intent to deprive, as Matter of Delgado illustrates. Third: A complete analysis requires the statute in effect at conviction, divisibility research, Shepard-type conviction documents where permitted, and the sentence record.

Those aggravated felony theft burglary propositions determine the aggravated felony theft burglary documents worth collecting. Certified records should prove aggravated felony theft burglary elements and sentence; historical materials should prove aggravated felony theft burglary timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony theft burglary qualifier. The final aggravated felony theft burglary brief should assign each aggravated felony theft burglary burden and request a precise aggravated felony theft burglary ruling.

A aggravated felony theft burglary file should integrate three distinct aggravated felony theft burglary propositions. First: Matter of Garcia-Madruga defines generic theft as taking or exercising control over property without consent and with criminal intent to deprive the owner of ownership rights or benefits, even if the deprivation is less than permanent. Second: The one-year term-of-imprisonment requirement is independent of the categorical match and must be proved from the sentence under INA §101(a)(48)(B). Third: A complete analysis requires the statute in effect at conviction, divisibility research, Shepard-type conviction documents where permitted, and the sentence record.

Those aggravated felony theft burglary propositions determine the aggravated felony theft burglary documents worth collecting. Certified records should prove aggravated felony theft burglary elements and sentence; historical materials should prove aggravated felony theft burglary timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony theft burglary qualifier. The final aggravated felony theft burglary brief should assign each aggravated felony theft burglary burden and request a precise aggravated felony theft burglary ruling.