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Mohamed v. Holder

United States Court of Appeals, Fourth Circuit

October 17, 2014

KHALID ABDEL WHAB MOHAMED, Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General, Respondent

Argued September 19, 2014

On Petition for Review of an Order of the Board of Immigration Appeals.

Petition for review granted; reversed and remanded with instructions by published opinion.

ARGUED:

Steven Harris Goldblatt, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Petitioner.

Bernard Arthur Joseph, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

ON BRIEF:

Rita K. Lomio, Supervising Attorney, Lola A. Kingo, Supervising Attorney, Tiffany L. Ho, Student Counsel, David A. Kronig, Student Counsel, Philip Young, Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Petitioner.

Stuart F. Delery, Assistant Attorney General, Civil Division, Jamie M. Dowd, Senior Litigation Counsel, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and DAVIS, Senior Circuit Judge. Judge Niemeyer wrote the opinion, in which Chief Judge Traxler and Senior Judge Davis joined.

OPINION

Page 886

NIEMEYER, Circuit Judge:

Khalid Mohamed, a citizen of Sudan, was ordered removed by the Board of Immigration Appeals (" BIA" ) on the ground that he had been convicted of two crimes " involving moral turpitude" -- a 2010 conviction for sexual battery, in violation of Va. Code Ann. § 18.2-67.4, and a 2011 conviction for failing to register as a sex offender, in violation of Va. Code Ann. § 18.2-472.1. See 8 U.S.C. § 1227(a)(2)(A)(ii) ( rendering deportable an alien who is convicted of " two or more crimes involving moral turpitude" ). To conclude that the crime of failing to register as a sex offender was a crime involving moral turpitude, the BIA relied on its prior decision in Matter of Tobar-Lobo, 24 I. & N. Dec. 143 (BIA 2007), which so held.

In his petition for review, Mohamed contends that his failure to register as a sex offender was not a crime involving moral turpitude and that Tobar-Lobo was an unreasonable interpretation of ยง 1227(a)(2)(A)(ii). Because we agree, we grant Mohamed's petition for review, reverse the ...


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