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ELEMENTS OF THEFTPetty theft, per PC 484 and PC 488, is the unlawful taking of property worth $950 or less.The elements of this crime are spelled out in California Criminal Jury Instruction “CALCRIM” 1800. For you to be convicted of petty theft, prosecutors mu...

California Penal Code Section 496(a) PC: Receiving Stolen PropertyDefinition and Elements of the CrimeWhile many theft offenses make it illegal to unlawfully take or steal property from someone else, the person who receives stolen property can also be charged ...

California Code, Penal Code - PEN § 496Current as of January 01, 2023 | Updated by FindLaw Staff(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the propert...

Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)Receiving stolen property under section 496(a) of the California Penal Code was categorically an aggravated felony theft offense under section 101(a)(43)(G) of the INA,On June 1, 2017, the Board of Immigratio...

Asporation of Stolen Property is AFThis is not specific to the California statute. Definition of “Asportation”The Board uses the term “asportation” in its decision. Because this term is uncommon outside of the legal context, we will provide a definition for th...

I. How Immigration Law Evaluates California Sentences A. When does the length of an imposed sentence matter for immigration purposes? See also Chart 3 in Part VII, below, which summarizes how sentences cause immigration penalties. Aggravated felonies. The most...

Aggravated Felony BarNormally an Aggravated Felony will disqualify someone from eligibility for an INA 212(h) waiver.AF is NOT a bar to INA 212(h) for a Refugee Who Adjusted to an LPR.  See Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021).➡️ The Fifth, Ninth and E...

WITHHOLDING OF REMOVALA person might not be barred from applying for withholding of removal under INA § 243(b)(3), 8 USC § 1231(b)(3).An aggravated felony conviction will only act as a bar to withholding if: (a) it is classed as a “particularly serious cri...

Form 42ACancellation of Removal for Certain Legal Permanent ResidentsBasic Eligibility You can apply for LPR Cancellation of Removal under INA § 240(A)(a) if… A. You obtained LPR status lawfully and do not fall within certain categories. You must not have beco...