Offense
Petty theft with a prior
Aggravated Felony (AF)
Theft as defined by 484 is not an AF even if 1 yr imposed, or loss exceeds $10k, but avoid getting both 1 yr and loss > $10k. See PC 484.
Crime Involving Moral Turpitude (CIMT)
Yes CIMT. See Advice
Other Removal Grounds
No other removal ground.
Advice and Comments
CIMT: If there is a CIMT prior, such as any 484 offense, this will be the dangerous second CIMT conviction. To avoid that, consider plea to PC 459, 496, or VC 10851. For rules governing when CIMTs trigger a removal ground, see n. 3xx.
Prop 47 can reduce a qualifying prior 666 to misdemeanor. However, immigration authorities will assert they cannot give effect to a Prop 47 redesignation as a misdemeanor.1See discussion in Velasquez-Rios v. Wilkinson, 988 F.3d 1081 (9th Cir. 2021), declining to give effect to the retroactivity clause in Pen C § 18.5(a) because federal law will not give effect to a state criminal reform statute that purports to retroactively change a previously final conviction. It relied on United States v. Diaz, 838 F.3d 968, 975 (9th Cir. 2016), which declined to give effect to a Prop 47 reduction. One can argue that if the property offense at issue also is a wobbler, the reduction should be given federal effect because from its inception the wobbler had the potential to be a misdemeanor. At the same time as pursuing that argument, seek PCR. See discussion in Velasquez-Rios at pp 1087-88 of Garcia-Lopez v. Ashcroft, 33 F.3d 334 F.3d 840, 846 (9th Cir. 2003), overruled in part by Ceron v. Holder, 747 F.3d 773, 778 (9th Cir. 2014).