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Court Holds Virginia Unauthorized Use of a Motor Vehicle Is Not an Aggravated Felony

The Fourth Circuit granted the petition for review and vacated the removal order, holding that Va. Code § 18.2-102, which criminalizes the unauthorized use of a motor vehicle, is not a categorical aggravated felony because there is a realistic probability that the statute would apply to conduct that falls outside the BIA’s definition of a theft offense.

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