Sayed Omargharib v. Eric Holder, Jr.

Petition for review granted; reversed and remanded with instructions by published opinion. Judge FLOYD wrote the opinion, in which Judge NIEMEYER and Judge WYNN joined. Judge NIEMEYER wrote a separate concurring opinion.

FLOYD, Circuit Judge:

In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va.Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board of Immigration Appeals (BIA) answered this question-in the affirmative using the so-called modified…