In my last post, I discussed puzzlement that the Ninth Circuit Court of Appeals did not make a Rendon  analysis in its decision to remand Madrigal-Barcenas v. Lynch. Just a week later, two days ago, the Court issued a decision in Lopez-Valencia v. Lynch, a case involving theft, Cal. Penal Code § 484. Using a Rendon analysis, the Court concluded that the California theft statute cannot be considered a theft offense as it is overbroad and indivisible. This is the type of result one might expect in a Rendon analysis of a drug paraphernalia statute.  A caveat: the case does not address whether Cal. Penal Code § 484 is a crime of moral turpitude, the usual way the statute affects aliens under the immigration laws. Posted August 19, 2015.

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