Immigration · Primary-source case analysis

Duenas-Alvarez: Generic Theft Includes Ordinary Aiding-and-Abetting Liability

By Aneeta Mishra and Timothy Chan

Published April 30, 2026

Duenas-Alvarez explains both the generic theft definition and the realistic-probability requirement in categorical analysis.

The conviction involved aiding vehicle theft

Gonzalo Duenas-Alvarez was convicted under California Vehicle Code section 10851 for aiding and abetting unlawful taking of a vehicle. He argued the statute swept beyond generic theft.

Generic crimes include traditional accomplice liability

Modern criminal law generally treats aiders and abettors as principals. That feature alone does not make a state statute broader than the generic federal offense.

Hypothetical breadth is insufficient

To establish overbreadth based on unusual applications, a noncitizen generally must show a realistic probability that the state actually applies its statute to the asserted nongeneric conduct, including by identifying cases.

Disposition

The Court rejected the aiding-and-abetting theory and remanded remaining issues. It did not hold that every section 10851 conviction necessarily satisfies every aggravated-felony requirement.

Key takeaways

• Compare statutory elements with the generic definition.
• Treat ordinary accomplice liability as part of the generic offense.
• Support asserted overbreadth with actual state applications.
• Analyze sentence length and divisible alternatives separately.