Car Theft No Longer Grounds For Deportation

The U.S. 9th Circuit Court is at it again.

This time they unanimously ruled in a case about somebody stealing a car.

The Court determined that the theft conviction was not grounds to deport the offender !!!

Something about "moral turpitude" and about the argument that the car was "borrowed without permission", and that it was not meant to be "taken" permanently !!!

Sharp lawyers are always helpful when the Courts are insane.

Vehicle theft does not constitute a crime of moral turpitude for the purposes of deporting an immigrant, the en banc Ninth Circuit ruled Monday.

In the case at hand, an immigration judge ordered the deportation of Gabriel Almanza-Arenas after finding that his conviction for vehicle theft in California met the statutory bar as a crime involving moral turpitude.

The Board of Immigration Appeals had affirmed that finding, concluding that Almanza-Arenas had a duty he did not meet to produce evidence showing that he did not intend to permanently deprive anyone of the vehicle he stole.

After a three-judge panel granted Almanza-Arenas’ petition for review, the federal appeals court agreed to rehear the case en banc and was unanimous Monday in ruling for the immigrant.

Ninth Circus Court: Car Theft No Longer Grounds For Deportation

He wins this case because they found a bug in the implementation of Californian law:

"In the vehicle-theft offense at issue, California distinguishes whether "(1) a person drove or took a vehicle not his or her own; (2) the owner did not provide consent to drive or take his or her vehicle; and (3) the person drove or took the vehicle with intent either to permanently or temporarily deprive the owner, whether with or without intent to steal the vehicle," according to the ruling."

Condition #3 is so generic and catch-all that it's almost always guaranteed to be true, and so it effectively worthless as a test, so if this was the basis of the prosecution, the case is dismissed.

The only time that stealing a car would be dismissed would be in a zombie-apocalypse situation. If another person was seriously ill, the phone lines were out, there was no-one around for miles, and the only form of transportation was a single car or truck parked outside.

originally posted by: xuenchen
The U.S. 9th Circuit Court is at it again.

This time they unanimously ruled in a case about somebody stealing a car.

The Court determined that the theft conviction was not grounds to deport the offender !!!

Something about "moral turpitude" and about the argument that the car was "borrowed without permission", and that it was not meant to be "taken" permanently !!!

Sharp lawyers are always helpful when the Courts are insane.

Vehicle theft does not constitute a crime of moral turpitude for the purposes of deporting an immigrant, the en banc Ninth Circuit ruled Monday.

In the case at hand, an immigration judge ordered the deportation of Gabriel Almanza-Arenas after finding that his conviction for vehicle theft in California met the statutory bar as a crime involving moral turpitude.

The Board of Immigration Appeals had affirmed that finding, concluding that Almanza-Arenas had a duty he did not meet to produce evidence showing that he did not intend to permanently deprive anyone of the vehicle he stole.

After a three-judge panel granted Almanza-Arenas’ petition for review, the federal appeals court agreed to rehear the case en banc and was unanimous Monday in ruling for the immigrant.

Ninth Circus Court: Car Theft No Longer Grounds For Deportation

LOL, are you suprised?

As long as you are non white or a foreigner, you can do just about anything you want in America. Well unless you are actually European and are planning to return home. Then you are still subject to the regular rules.

So let me wrap my wee wittle noggin around this.

An illegal by action that shows nothing, but disdain for the laws of this country by coming here without permission.

Turns around and shows their utter lack of respect for more laws of this country, Steals a car.

The state says, 'No,No laws are for the little people, LEGAL residents'.

So thats two get out of jail free cards now.

How many more are illegals going to get, all so the 'progressives' can fatten their voting base.

Justice is suppose to be blind people.

Not deaf and dumb.

a reply to: neo96


Immigrants do not have immunity from the
law. They're just not getting deported for car theft. So, yes, laws still apply.

And by the way, this is about immigrants, not illegal immigrants.

I personally take great pride in funding Illegal Immigrants ; as a matter of fact I enjoy funding the costs of an Illegal Immigrants's day/week/month in court; furthermore, I anxiously await the justice system to put even more Illegal Immigrants into our prison system so that I can send more of my green backs to the cause of the bet wacks-

These scum tar balls in Oregon are suing to get their driver licenses, - www.redstate.com...

/////////////////sarc

It appears that this man was a legal immigrant. I've yet to see anything in which he is declared an illegal immigrant.

He is a legal immigrant. State convictions don't always meet federal standards to carry out federal punishment. I really couldn't find anything on the original case, makes it hard to form an opinion about the case without knowing the circumstances of the events. It seems likely to me that if California's law was more specific there may not have been grounds to convict in the first place. Or it could be that he did actually steal a car and because California's law is so vague that he might get away with it. Either way it sounds like California needs to ammend their law and make it more specific so something like this doesn't happen again.

Send him into jail now.