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Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)

May 03, 2019 (1 min read)

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019, the BIA stated:

"[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must conclude that the DHS has not met its burden of establishing by 'clear and convincing evidence' that the respondent's conviction for grand larceny in the second degree under New York law renders her removable as charged under section 237(a)(2)(A)(iii) of the Act."

[Hats off to Michael Z. Goldman!]