United States Fourth Circuit

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Omargharib v. Holder, 13-2229

In this case concerning whether petitioner's conviction under Virginia's grand larceny statute (Va. Code Ann. section 18.2-95) constitutes an "aggravated felony" under the Immigration and Nationality Act (INA). Petition for review of the Board of Immigration Appeals' (BIA) decision finding that the Virginia larceny is divisible and ordering removal is granted, the BIA's ruling reversed, and the case remanded with instructions to vacate the order of removal, where: 1) the mere use of the disjunctive "or" in the definition of Virginia larceny does not automatically render it divisible; 2) under Descamps v. United States, the Virginia crime of larceny is indivisible as a matter of law, and thus the categorical approach applies; and 3) under the categorical approach, petitioner's grand larceny conviction does not constitute an aggravated felony under the INA.

Appellate Information

  • Decided 12/23/2014
  • Published 12/23/2014

Judges

  • Floyd

Court

  • United States Fourth Circuit

Counsel

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