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KARIMI v. HOLDER

Nos. 11-1929, 12-1076.

715 F.3d 561 (2013)

Ali Sina KARIMI, a/k/a Ali Sina Kami, a/k/a Karimi Mamoud, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Ali Sina Karimi, a/k/a Ali Sina Kami, a/k/a Karimi Mamoud, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: May 13, 2013.

Attorney(s) appearing for the Case

ARGUED: David M. Belczyk , Jones Day, Pittsburgh, Pennsylvania, for Petitioner. Matthew Allan Spurlock , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Thomas S. Jones , Jones Day, Pittsburgh, Pennsylvania, for Petitioner. Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Ada E. Bosque , Senior Litigation Counsel, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded with instructions by published opinion. Judge DIAZ wrote the opinion, in which Judge WYNN joined. Judge KING filed a dissenting opinion.

OPINION

DIAZ, Circuit Judge:

Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. § 16, and thus an "aggravated felony" under 8 U.S.C. § 1101(a)(43)(F) that triggered his removability. For the reasons that follow, we grant Karimi's petition for review...

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