Rosa Maria Nevarez-Martinez, AKA Rosa Maria Arteaga v. Immigration and Naturalization Service John Ashcroft, Attorney General
Opinion
Opinion
Noonan, J.
Rosa Maria Nevarez-Martinez (Neva-rez) petitions for review of the decision of the Board of Immigration Appeals (the Board) ordering her removal from the United States as an alien convicted of a “theft offense” under 8 U.S.C. § 1101 (a)(43)(G) and therefore as an aggravated felon. We hold that the record does not support the Board’s conclusion. We grant Nevarez’s petition.
FACTS AND PROCEEDINGS
Nevarez, a native of Mexico, was admitted to the United States on March 21, 1979, and became a permanent resident here on this date at the age of one. On February 15, 2001, she was convicted of theft of a means of transportation as theft is defined by the state of Arizona. The Immigration and Naturalization Service (the INS) charged her with being convicted of an aggravated felony. On July 12, 2001, an immigration judge upheld the charge, finding her ineligible for any relief.
Nevarez appealed to the Board, which examined her case in the light of Arizona Revised Statute § 13-1814, defining “theft of a means of transportation.” The Board followed Ninth Circuit precedent in proceeding to ask “whether the full range of conduct encompassed by the statute ... constitutes an…