Rodriguez Cabrera v. Barr, No. 18-1314 (4th Cir. 2019)Annotate this Case
The Fourth Circuit held that it had jurisdiction over a petition for review of the IJ's determination that petitioner was removable, because petitioner had exhausted his administrative remedies.
The court also held that petitioner's prior Virginia offense of participating in a criminal street gang was not categorically a crime involving moral turpitude. Therefore, petitioner's prior conviction could not be a basis for removing him. Accordingly, the court granted the petition for review, vacated the order of removal, and remanded with instructions.