Gonzales v. Duenas-Alvarez (2006)
- Docket
- 05-1629
- Decided
- 2006-01-01
Summary
Question: Does the "theft offense" aggravated felony in the Immigration and Nationality Act include aiding and abetting a theft? Conclusion: Yes. The Court ruled unanimously that aiding and abetting a theft qualifies as a "theft offense" for purposes of the Immigration and Nationality Act. The opinion by Justice Stephen Breyer held that the common law had done away with all distinctions between "principals" and "aiders and abettors" of theft crimes. Duenas-Alvarez argued that California's theft law was unique in that it included offenses beyond the "generic theft" contemplated by the Immigration and Nationality Act. However, the Court's analysis of California case law led it to the conclusion that California's law, like those of other states, encompassed the generic definition of theft. Because Duenas-Alvarez had not raised the issue in the Questions Presented, the Court refused to consider whether the California theft law included the less severe theft crime of joyriding, which might not fall under "generic theft" for purposes of the INA.