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Fourth Circuit Strikes Down Attorney General Opinion, Restores Fundamental Power to Immigration Judges

The Fourth Circuit U.S. Court of Appeals ruled in Zuniga Romero v. Barr that immigration judges have the authority to administratively close cases pending before them. The court concluded that immigration law unambiguously permits immigration judges to control their own dockets.

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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