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NEVAREZ-MARTINEZ v. I.N.S.

No. 02-70049.

326 F.3d 1053 (2003)

Rosa Maria NEVAREZ-MARTINEZ, aka Rosa Maria Arteaga, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE; John Ashcroft, Attorney General, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2003.

Attorney(s) appearing for the Case

Vicky Dobrin, Hilary A. Han, Dobrin & Han, Seattle, WA, for the petitioner.

Anh-Thu P. Mai, Department of Justice, Washington, DC, for the respondents.

Before NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

OPINION

NOONAN, Circuit Judge.

Rosa Maria Nevarez-Martinez (Nevarez) petitions for review of the decision of the Board of Immigration Appeals (the Board) ordering her removal from the United States as an alien convicted of a "theft offense" under 8 U.S.C. § 1101(a)(43)(G) and therefore as an aggravated felon. We hold that the record does not support the Board's conclusion. We grant Nevarez's petition.

FACTS AND PROCEEDINGS

Nevarez...

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