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Immigration Law

CA4 on CIMT: Martinez v. Sessions

Prof. Maureen Sweeney writes: "Please share this published decision we got today [June 15, 2018] from the 4th Cir. http://www.ca4.uscourts.gov/opinions/171301.P.pdf. It does a great job applying the categorical analysis to hold that Maryland's consolidated theft statute is overbroad as to moral turpitude. The statute's definition of "deprive" includes temporary takings that appropriate just a "part" of the property's value (which is broader than the temporary takings that "substantially erode" the value, which were held to be turpitudinous in the BIA's Matter of Diaz-Lizarraga). In short, Maryland theft is not divisible and not a CIMT.  Petitioner was represented by Steven Planzer, with active participation by amici - University of Maryland Carey Immigration Clinic, Capital Area Immigrant Rights (CAIR) Coalition, Maryland Office of the Public Defender, and the National Immigration Project of the National Lawyers Guild. Adina Appelbaum of CAIR Coalition and I argued the case at the 4th Circuit."

[Oral argument audio here.]