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CA4 on CIMT: Mohamed v. Holder

October 20, 2014 (1 min read)

"Because Mohamed’s 2011 conviction for failure to register as a sex offender, in violation of Va. Code Ann. § 18.2-472.1, was not a crime involving moral turpitude, the BIA erred as a matter of law in relying on that conviction as a basis to order Mohamed’s removal under 8 U.S.C. § 1227(a)(2)(A)(ii).  In view of this holding, we do not reach Mohamed’s request to review the ruling on his application for cancellation of removal under 8 U.S.C. § 1229b(a).  Accordingly, we grant Mohamed’s petition for review; reverse the BIA’s decision; and remand with instructions to vacate Mohamed’s order of removal." - Mohamed v. Holder, Oct. 17, 2014.  [Hats off to the Georgetown Law Appellate Litigation Clinic!]

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