Immigration - predicates. En banc.
A California vehicle theft statute describes an offense that may be committed with the specific intent to borrow the car or take the car permanently, not two offenses with distinct elements. It is therefore not categorically a crime of moral turpitude for the purposes of immigration enforcement.
Concurrence (4) - Correct according to the law, but the constant categorical/modified categorical rebalancing isn't intrinsically just.
Concurrence in J: The statute is divisible.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/28/09-71415.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.