Omargharib v. Holder, No. 13-2229 (4th Cir. 2014)Annotate this Case
Petitioner, an Egyptian native and citizen, was convicted in Virginia state court of grand larceny under VA. Code Ann. 18.2-95 for taking, stealing, and carrying away two pool cues valued in excess of $200 following a dispute with his opponent in a local pool league. At issue on appeal was whether petitioner's conviction constituted an aggravated felony under section 101 of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(43). The court concluded that mere use of the disjunctive "or" in the definition of a crime does not automatically render it divisible. The court held that, under the court's recent decisions construing Descamps v. United States, the Virginia crime of larceny is indivisible as a matter of law. Therefore, the court concluded that the modified categorical approach has no role to play in this case and, instead, the categorical approach is applicable. Under the categorical approach, petitioner's grand larceny conviction does not constitute an aggravated felony under the INA. Accordingly, the court granted the petition for review, reversed the BIA's ruling otherwise, and remanded with instructions to vacate petitioner's order of removal.