Mucktaru Kemokai v. U.S. Attorney General, No. 21-12743 (11th Cir. 2023)
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The Board of Immigration Appeals ruled that Petitioner is removable as an aggravated felon and denied his requests for asylum and withholding of removal. Petitioner petitions for review, arguing that his Massachusetts conviction for armed robbery does not constitute a “theft offense” within the meaning of 8 U.S.C. Section 1101(a)(43)(G) and therefore is not an “aggravated felony” under 8 U.S.C. Section 1227(a)(2)(A)(iii).
The Eleventh Circuit denied Petitioner’s petition in part and granted in part. The court rejected Petitioner’s argument that armed robbery does not constitute a “theft offense” within the meaning of 8 U.S.C. Section 1101(a)(43)(G). However, the court agreed with the parties that a remand to the BIA is nevertheless required. The Attorney General has issued an intervening decision that might impact Petitioner’s request for withholding of removal, and the BIA should have the opportunity to consider the effect of that decision. The court wrote that Petitioner was sentenced to less than five years in prison. His aggravated felony conviction, therefore, does not per se constitute a particularly serious crime with respect to withholding of removal.
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