The Board of Immigration Appeals (BIA) has determined that an Iowa theft statute is overbroad as compared to the generic definition of a theft offense because it includes theft by taking without consent and theft by deception or fraud. However, the BIA has also determined that the statute is divisible between the theft by taking subsection and the theft by fraud or deceit subsection. It left open the possibility that the theft by taking and theft by exercising control over stolen property subsections are alternate means, not elements, of the statute.
The full text of Matter of Koat can be found here: