Alma Servin-Escudero v. Eric Holder, Jr.

MEMORANDUM

Alma Delia Servin-Escudero, a native and citizen of Mexico, petitions for review of a decision by the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s decision denying her application for cancellation of removal. Servin-Es-cudero contends that her Nevada state law conviction for grand larceny under Nevada Revised Statutes § 205.220 (1997), for which she received a 32-month sentence, is not an aggravated felony because it lacks the “without consent” element of generic theft.

Generic theft under 8 U.S.C. § 1101 (a)(43)(G) is defined as “a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment [is] at least one year.” We have elaborated on the definition of generic theft as requiring “[1] a taking of property or an exercise of control over property [2] without consent [3] with the criminal intent to deprive the owner of the rights and benefits of ownership, even if such deprivation is less than total or permanent.” Mandujano-Real v. Mukasey, 526 F.3d 585, 589-90 (9th Cir.2008).

The parties agree that § 205.220 is divisible and that only subsection (l)(a) is relevant here. Section 205.220(l)(a)…