The Board of Immigration Appeals (BIA) has again determined that a California robbery conviction is categorically a theft-related aggravated felony.  The respondent argued that section 211 is overbroad with respect to the Federal definition of theft because a “taking” under California law requires a perpetrator to carry property away (also known as “asportation”).  The BIA concluded that the definitions of both robbery in section 211 of the California Penal Code and aggravated felony theft in section 101(a)(43)(G) of the Act reach “takings” committed by gaining control over the property of another.  The only difference between the statutes is that section 211 criminalizes a narrower subset of “takings” within the broader universe of those encompassed by the generic offense.  The fact the statute could encompass aiding and abetting a robbery by carrying off property already stolen by the principal does not change the outcome, as aiders and abettors are held liable to the same extent as principals.  

The full text of Matter of Delgado can be found here: