Fourth Circuit: Maricela Martinez v. Jefferson B. Sessions III

As no jury unanimity as to the theory of the offense is required, statute is not susceptible to modified categorical review.

Assuming that the 'substantial erosion' of property rights required for the agency standard of theft convictions is valid and applies here, since the law sweeps beyond that to incorporate things like joyriding, the agency erred in holding the state conviction to be a crime of moral turpitude justifying refusal of withholding of removal.

http://www.ca4.uscourts.gov/opinions/171301.P.pdf