Court rules for immigration authorities who want to deport man convicted of car theft

WASHINGTON (AP) _ The Supreme Court sided Wednesday with U.S. immigration authorities who want to deport a man convicted in a car theft case. <br/><br/>In a near-unanimous decision, the court said immigration

Wednesday, January 17th 2007, 10:34 am

By: News On 6

WASHINGTON (AP) _ The Supreme Court sided Wednesday with U.S. immigration authorities who want to deport a man convicted in a car theft case.

In a near-unanimous decision, the court said immigration law provides for removing someone convicted of aiding and abetting a theft offense when the term of imprisonment is at least one year.

A theft offense is an aggravated felony under federal immigration law, making someone deportable.

Luis Alexander Duenas-Alvarez, a Peruvian immigrant, was sentenced to three years in prison after pleading guilty to a state theft charge in California.

The 9th U.S. Circuit Court of Appeals ruled that Duenas-Alvarez's conviction did not qualify as an aggravated felony under immigration law.

Duenas-Alvarez's lawyer argued that California law created a category of crime that falls outside the generic definition of theft, and the defense attorney cited three California court cases seeking to prove his point.

"We have reviewed those cases, however, and we cannot agree that they show that California's law is somehow special," Justice Stephen Breyer wrote as the court set aside the appeals court ruling.

Justice John Paul Stevens sided with colleagues on most of the ruling, but said the court should withhold comment on the issue of California law until after the appeals court has addressed it.

The case is Gonzalez v. Duenas-Alvarez, 05-1629.