In a follow up to several published and unpublished decisions that have suggested this holding, the Ninth Circuit issued a published decision finding that California theft crimes (which include theft of labor and theft by false pretenses) are overbroad and indivisible compared to the generic definition of a theft offense.  As such, they will never qualify as theft aggravated felonies, regardless of the sentence imposed.

The full text of Lopez-Valencia v. Lynch can be found here: