MOHAMED v. HOLDER

No. 13-2027.

769 F.3d 885 (2014)

Khalid Abdel Whab MOHAMED, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: October 17, 2014.


Attorney(s) appearing for the Case

ARGUED: Steven Harris Goldblatt , Georgetown University Law Center, Washington, D.C. for Petitioner. Bernard Arthur Joseph , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Rita K. Lomio , Supervising Attorney, Lola A. Kingo , Supervising Attorney, Tiffany L. Ho , Student Counsel, David A. Kronig , Student Counsel, Philip Young , Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Petitioner. Stuart F. Delery , Assistant Attorney General, Civil Division, Jamie M. Dowd , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; reversed and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Senior Judge DAVIS joined.


NIEMEYER, Circuit Judge:

Khalid Mohamed, a citizen of Sudan, was ordered removed by the Board of Immigration Appeals ("BIA") on the ground that he had been convicted of two crimes "involving moral turpitude" — a 2010 conviction for sexual battery, in violation of Va.Code Ann. § 18.2-67.4, and a 2011 conviction for failing to register as a sex offender, in violation of Va.Code Ann. § 18.2-472.1. See 8 U.S.C. § 1227(a)(2)(A)(ii) (rendering...

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