Virginia's Grand Larceny Conviction is NOT an Aggravated Felony

In its precedent decision on Omargharib v. Holder [PDF version], the U.S. Court of Appeals for the Forth Circuit held on Tuesday, December 23, 2014 that §18.2-95 [PDF version] of Virginia's grand larceny statute was clear enough to require categorical approach review and not modified categorical approach untilled by the Board of Immigration Appeals (BIA). Having reviewed the facts of the case under the categorical approach, the Court concluded that §18.2-95 of Virginia's grand larceny statute was not an aggravated felony. The Court remanded the case to the BIA for further proceedings consistent with teh decision of the Court.