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Immigration Law

CA4 on Aggravated Felony: Larios-Reyes v. Lynch

Larios-Reyes v. Lynch, Dec. 6, 2016 - "We find that the BIA erred as a matter of law and hold that Larios-Reyes’s conviction does not constitute the aggravated felony of “sexual abuse of a minor” under the INA because Maryland Criminal Law Article § 3-307 proscribes more conduct than does the generic federal offense.  We therefore grant Larios-Reyes’s petition for review, vacate the order of removal, and order his immediate release from Department of Homeland Security (“DHS”) custody."  [Hats off to Ben Winograd!]