The Ninth Circuit has determined that an Oregon third degree robbery conviction is not a crime involving moral turpitude because it encompasses the unauthorized use of a vehicle, which does not include as an essential element an intent to deprive the owner of his or her property permanently. Although the court recognized that the BIA no longer requires an intent to permanently deprive to turn a theft offense into a CIMT, that precedent is not retroactive, and the conviction in the instant case predated that precedent. The court also held that although a robbery conviction requires a use of force, the minimal force required for conviction is too minimal to qualify as a CIMT.

The full text of Barbosa v. Barr can be found here: