Legal Opinion

Winsome Elaine Vassell v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit

Decided June 13, 2016No. 15-11156PublishedCited by 1 opinion

1Opinion of the Court

MARTIN, Circuit Judge:

The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is de-portable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell has filed a petition for review saying that this crime is not “a theft offense” as that term is used in the Immigration and Nationality Act’s (INA) list of grounds for deportation. Whether a state theft conviction is “a theft offense” for the INA turns on whether the state offense contains the elements of the generic definition of theft. Mrs. Vassell says Georgia “theft by taking” doesn’t…

2Cases cited24 opinions

  1. Moncrieffe v. HolderSupreme Court of the United States · 2013
  2. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  3. United States v. Frank M. HowardCourt of Appeals for the Eleventh Circuit · 2014
  4. Martinez v. MukaseyCourt of Appeals for the Fifth Circuit · 2008
  5. Omima Ibrahim Soliman v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Fourth Circuit · 2005

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3Cited by1 opinion

  1. United States v. Victor De La O-GallegosCourt of Appeals for the Eleventh Circuit · 2016

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