CABRERA v. BARR

No. 18-1314.

930 F.3d 627 (2019)

Melvin Josue Rodriguez CABRERA, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: July 19, 2019.


Attorney(s) appearing for the Case

ARGUED: Teresa Rubinger , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Petitioner. Victoria Marie Braga , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Erica Hashimoto , Director, Anjali Parekh Prakash , Supervising Attorney, Elijah Staggers, Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Petitioner. Joseph H. Hunt , Assistant Attorney General, Cindy S. Ferrier , Assistant Director, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded with instructions by published opinion. Judge Agee wrote the opinion, in which Judge Motz and Judge Harris joined.


Melvin Josue Rodriguez Cabrera, a native and citizen of El Salvador, became a lawful permanent resident of the United States in 2014. Three years later, the Department of Homeland Security ("DHS") initiated removal proceedings against him based on his 2017 Virginia conviction under Va. Code § 18.2-46.2 for participation...

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