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News From the Courts Note: The Following Case is pending, as it has yet to be heard by the The Supreme Court agreed to hear the issue of whether a vehicular theft conviction under The Ninth Circuit's unpublished decision in the case below relied on case law holding that a theft statute that includes a conviction for a substantive offense based solely on aiding and abetting liability is not categorically a theft offense for purposes of the aggravated felony definition. See, e.g., Penuliar v. Ashcroft, 395 F.3d 1037 (9th Cir. 2005), amended 435 F.3d 961, 970 n.6 (2006); Martinez-Perez v. Ashcroft, 393 F.3d 1018, 1028 (9th Cir. 2004). The Court put the case on an expedited briefing schedule-- with the government's brief due 10/26; Duenas-Alvarez' brief due 11/20; and the government's reply due on 11/27. Argument will be on 12/5. The eventual decision in the case may have broad implications for many pending criminal and immigration cases. < Back | Index | Next >
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