Vaca-Tellez v. Mukasey (7th Cir. 9/2/08)

ROVNER Posner Kanne

The 7th Cir held that burglary of an automobile with intent to commit theft therein is an attempted theft offense, and an aggravated felony - as previously held in United States v. Martinez-Garcia, 268 F.3d 460 (7th Cir. 2001).

No matter that Martinez-Garcia was in the criminal context:

We see no reason to treat the meaning of “attempted theft offense” differently in the immigration context than in the sentencing context, and we are therefore bound by the holding of Martinez-Garcia. See United States v. Matamoros-Modesta, 523 F.3d 260, 264-65 (4th Cir. 2008) (finding that the term “aggravated felony” holds the same meaning in the criminal sentencing context as it does in the immigration setting); United States v. Figueroa- Ocampo, 494 F.3d 1211, 1216 (9th Cir. 2007) (same).

(Also rejected arguments that the record of conviction was unclear.)

Read opinion here: 

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.