Theft
Theft & Intent to Permanently Deprive
Theft no longer requires an intent to deprive.
The Board of Immigration Appeals has overruled its decision in Matter of Jurado, which assumed that retail theft in Pennsylvania inherently includes an intent to permanently deprive, finding it inconsistent with the categorical approach outlined by the Supreme Court in Mathis v. United States. The Board then concluded that Pennsylvania retail theft convictions criminalize less than permanent takings, and thus, under pre-Diaz LIzarraga precedent, they do not constitute crimes involving moral turpitude.
Matter of Bharatkumar Girishkumar THAKKER, 28 I&N Dec. 843 (BIA 2024)
The full text of Matter of Thakker can be found here:
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