The Tenth Circuit has determined that theft under the Westminster, Colorado municipal code is overbroad and divisible as compared to the generic definition of a crime involving moral turpitude (CIMT) because it contains four separate crimes, and one subsection does not require the defendant to intend to permanently deprive the owner of the benefits of ownership. Notably, the Court recognized that the Board of Immigration Appeals has recently updated its definition of theft-related CIMTs, but noted that this updated definition would only apply prospectively to cases initiated after the issuance of the new definition.
The court then determined that the record of conviction was inconclusive as to which subsection of the theft statute the petitioner was convicted of violating. However, since he was seeking cancellation of removal, the burden was on him to prove that he had not been convicted of a CIMT, and he could not meet this burden with an inconclusive record. In so finding, the court joined the Ninth Circuit's recent split from the First Circuit on this issue.
The full text of Lucio-Rayos v. Sessions can be found here:
https://www.ca10.uscourts.gov/opinions/15/15-9584.pdf