Offense
Theft by misappropriation
Aggravated Felony (AF)
Get 364 or less on each count, to avoid AF as theft. If that is not possible, see Advice
Crime Involving Moral Turpitude (CIMT)
Arguably not a CIMT because includes intent to temporarily deprive; see discussion in unpublished Ninth Circuit case.1In Sheikh v. Holder, 379 Fed.Appx. 697, 2010 WL 2003567 (9th Cir. May 20, 2010) (unpublished), the panel found that Pen C § 485 is not a CIMT because it does not have intent to permanently deprive as an element. But see Advice.
Other Removal Grounds
No other removal ground.
Advice and Comments
AF as theft: Imm advocates can explore argument that this f does not meet the federal definition of “theft” because it does not involve stealth or a taking, and thus should not be an theft AF even with 1 yr sentence. But defenders should not rely on this untested argument and should seek, e.g., 459, 487, 530.5 if more than 364 days will be imposed on a single count. Note that 487 is a CIMT, while 530.5 will be an AF if the loss to victim/s exceeds $10,000.
CIMT: If avoiding CIMT is critical, see PC 529(a)(3), 530.5, 496, 10851.
LRA Mandatory Detention: although PC 485 might be a safe plea to avoid removability, a conviction or pending charges will trigger mandatory ICE detention under the 2025 LRA for immigrants who have not been admitted into the U.S.. See further discussion at Overview: Mandatory Detention. (Note that people not admitted to U.S. also are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.)
SB54: A felony conviction for PC 485 related to grand theft permits law enforcement notification / transfer to ICE for 15 years and 5 years for misdemeanor grand theft. No cooperation is permitted for PC 485 related to petty theft. See SB 54 advisory at www.ilrc.org/crimes-summaries.