In a short unpublished case, the Ninth Circuit determined that California's definition of petty offense is categorically overbroad and indivisible as compared to the generic definition of a theft offense.  As such, it can never be a theft aggravated felony, regardless of the sentence imposed.

The full text of Chavez v. Lynch can be found here: http://cdn.ca9.uscourts.gov/datastore/memoranda/2015/08/06/11-73977.pdf

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