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LARIOS-REYES v. LYNCH

No. 15-2170.

843 F.3d 146 (2016)

Rafael Antonio LARIOS-REYES, a/k/a Rafael A. Reyes, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2016.

Attorney(s) appearing for the Case

ARGUED: Benjamin Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner. Karen L. Melnik , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Himedes V. Chicas , JEZIC & MOYSE, LLC, Silver Spring, Maryland, for Petitioner. Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Derek C. Julius , Senior Litigation Counsel, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted and order of removal vacated by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Niemeyer and Judge Harris joined.

Rafael Antonio Larios-Reyes, a native and citizen of El Salvador, seeks review of the decision of the Board of Immigration Appeals ("BIA") finding him removable based on his conviction for "Third Degree Sex Offense" under Maryland Criminal Law Article § 3-307. The BIA determined that Larios-Reyes's state conviction qualifies...

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