David Chavez v. Loretta E. Lynch

MEMORANDUM **

David Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (BIA) decision dismissing his appeal from an Immigration Judge’s (IJ) order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(2)(D), and we grant the petition.

The BIA erred as a matter of law when it applied the modified categorical ap proach to conclude that Chavez’s conviction for petty theft with priors in violation of California Penal Code §§ 484(a) and 666 constituted an aggravated felony theft offense. See 8 U.S.C. §§ 1101(a)(43)(G); 1227(a)(2)(A)(iii).…