Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

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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https://californiaimmigration.us/ca9-finds-california-conviction-for-owning-and-operating-a-chop-shop-is-not-an-aggravated-felony/

Filed under: Aggravated Felonies | Tagged: aggravated felony, categorical analysis, circuit court ruling, fourth circuit | Leave a comment »