The Eighth Circuit has determined that a conviction for burglary in North Dakota (which includes burglary of both vehicles and structures) is overbroad and indivisible with respect to the generic definition of burglary.  As such, it does not qualify as a violent felony under the Armed Career Criminal Act (ACCA).  Given the similar definitions of generic burglary under the ACCA and a burglary aggravated felony, this case could have persuasive value in the immigration context.

The full text of US v. Kinney can be found here: