Sergio Martinez-Perez v. Alberto R. Gonzales, Attorney General

ORDER

The opinion filed on December 29, 2004, and reported at 393 F.3d 1018 , is withdrawn and the amended opinion filed concurrently with this order is substituted in its place. The time for filing petitions for rehearing shall run anew commencing on the filed date of the amended opinion, in accordance with Fed. R.App. P. 40(a)(1) and 35(c).

AMENDED OPINION

Sergio Martinez-Perez (“Martinez”) petitions for review of the Board of Immigration Appeal’s (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision that he is removable and ineligible for any form of relief because of his conviction for an aggravated felony under 8 U.S.C. § 1101 (a)(43)(G). For the reasons stated below, we conclude, first, that § 487(c) of the California Penal Code, which sets forth the offense of grand theft, criminalizes conduct that falls outside the generic definition of theft, as established in United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir.2002) (en banc); therefore, that § 487(c) is not a theft offense under the categorical approach set forth by the Supreme Court in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). Second, based on our review of the…