In the context of aggravated felonies, a generic theft offense is defined as a taking of property or an exercise of control over property, without consent, with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent. Third-degree robbery under Oregon Revised Statutes Sec. 164.395 theoretically could cover a consensual taking due to its incorporation of theft by deception, but there is no realistic probability of a person being prosecuted under the statute for such conduct. The incorporation of unauthorized use of a vehicle under Oregon Revised Statutes Sec. 164.135(1)(b)-(c) into Sec. 164.395 does not make the statute over-broad.
Lopez-Aguilar v. Barr - filed April 23, 2019
Cite as 2019 S.O.S. 17-73153
For more information, go to: http://www.beverlyhillsimmigrationlaw.com/
No comments:
Post a Comment