The First Circuit has determined that a Rhode Island conviction for driving a car without the consent of the owner is not a theft offense aggravated felony because it encompasses de minimis conduct, such as joyriding. The court also confirmed that when the statute is facially overbroad, the petitioner does not need to point to an actual prosecution to establish a realistic probability that the statute criminalizes conduct outside the definition of the generic offense.
The full text of Da Graca v. Garland can be found here: