The Ninth Circuit has determined that the Board of Immigration Appeals' (Board) new definition of a theft-related crime involving moral turpitude, outlined in Matter of Diaz-Lizarraga, is a clear break with prior precedent defining theft-related crimes involving moral turpitude, and cannot be applied retroactively to convictions that pre-date the decision in Diaz-Lizarraga. The petitioner's convictions for theft in Oregon did not require a permanent taking, as required by pre-Diaz-Lizarraga precedent.
The decision in Garcia-Martinez v. Sessions can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/04/09/16-72940.pdf
The Ninth Circuit cited a recent Second Circuit decision that reached the same conclusion about the impermissible retroactive application of Diaz-Lizarraga.
The decision in Obeya v. Sessions can be found here: