Maricela Leyva MARTINEZ, a/k/a Maricela Martinez, a/k/a Maricelo Leyva, Petitioner,
v.
Jefferson B. SESSIONS III, Respondent.
Capital Area Immigrants' Rights Coalition; Maryland Office of the Public Defender; National Immigration Project of the National Lawyers Guild; University of Maryland Carey Immigration Clinic, Amici Supporting Petitioner.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 6, 2017.
Decided: June 15, 2018.
Attorney(s) appearing for the Case
ARGUED: Maureen A. Sweeney , UNIVERSITY OF MARYLAND CAREY IMMIGRATION CLINIC, Baltimore, Maryland; Adina Bassin Appelbaum , CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, Washington, D.C., for Petitioner. Sara J. Bayram , Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Steven C. Planzer , CASTANEDA PLANZER LLC, Salisbury, Maryland, for Petitioner. Chad A. Readler , Acting Assistant Attorney General, Civil Division, M. Jocelyn Lopez Wright , Senior Litigation Counsel, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Sejal Zota , NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, Boston, Massachusetts, for Amicus National Immigration Project of the National Lawyers Guild. Claudia R. Cubas , CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, Washington, D.C., for Amicus Capital Area Immigrants' Rights Coalition. Nadine K. Wettstein , MARYLAND OFFICE OF THE PUBLIC DEFENDER, Rockville, Maryland, for Amicus Maryland Office of the Public Defender.
Petition for review granted; vacated and remanded by published opinion. Judge Traxler wrote the majority opinion, in which Judge Keenan joined. Judge Niemeyer wrote a dissenting opinion.
TRAXLER, Circuit Judge:
Maricela Martinez was ordered removed from the United States after the Board of Immigration Appeals ("BIA") determined that Martinez's prior convictions for theft were crimes involving moral turpitude. Because not all of the offenses encompassed under the relevant Maryland statute qualify as crimes involving moral turpitude...
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