OMARGHARIB v. HOLDER

No. 13-2229.

775 F.3d 192 (2014)

Sayed Gad OMARGHARIB, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Capital Area Immigrants' Rights Coalition; Immigrant and Refugee Appellate Center, LLC, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: December 23, 2014.


Attorney(s) appearing for the Case

ARGUED: Steffanie Jones Lewis , International Business Law Firm, PC, Washington, D.C., for Petitioner. Aimee J. Carmichael , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Stuart F. Delery , Assistant Attorney General, Civil Division, John S. Hogan , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. Heidi Altman , Morgan MacDonald , Capital Area Immigrants' Rights Coalition, Washington, D.C.; Ben Winograd , Immigrant & Refugee Appellate Center, LLC, Alexandria, Virginia, for Amici Supporting Petitioner.

Petition for review granted; reversed and remanded with instructions by published opinion. Judge FLOYD wrote the opinion, in which Judge NIEMEYER and Judge WYNN joined. Judge NIEMEYER wrote a separate concurring opinion.


In this appeal, we consider whether Sayed Gad Omargharib's conviction under Virginia's grand larceny statute, Va.Code Ann. § 18.2-95, constitutes an "aggravated felony" under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board of Immigration Appeals (BIA) answered this question...

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