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CA4 on Theft Offense, Agg. Fel. - Castillo v. Holder

January 15, 2015 (1 min read)

"Julio C. David Castillo, a citizen of Honduras, filed this petition seeking review of a decision by the Board of Immigration Appeals (BIA) dismissing Castillo’s appeal from an immigration judge’s order of removal. The BIA determined that Castillo was removable based on his conviction in 1995 of unauthorized use of a motor vehicle, in violation of Virginia Code § 18.2-102. The BIA held that this offense qualified as an “aggravated felony” under the category of “theft offense” as listed in 8 U.S.C. § 1101(a)(43)(G). Upon our review, we disagree with the BIA’s conclusion and hold that Castillo’s conviction did not constitute an “aggravated felony,” because the full range of conduct covered by the Virginia crime of “unauthorized use” does not qualify as a “theft offense,” as that term has been defined by the BIA. We therefore grant Castillo’s petition for review and vacate the order of removal." - Castillo v. Holder, Jan. 14, 2015.  [Hats off to Ellis C. Baggs!]