On December 23, 2014, the U.S. Court of Appeals for the Fourth Circuit ruled in Omargharib v. Holder (Case No. 13-2229) that a conviction for grand larceny under Virginia law cannot constitute a theft "aggravated felony" under the Immigration and Nationality Act. CAIR Coalition asked the court to reach this holding when it submitted an amicus curiae brief in the Omargharib case. The court's ruling will benefit many noncitizens in Virginia charged with grand or petit larceny. Prior to Omargharib, noncitizens in Virginia, including many lawful permanent residents with U.S. citizen family members, faced months of mandatory incarceration, likely deportation, and numerous other consequences as a result of larceny convictions involving as little as $5. While noncitizens with larceny convictions will still face immigration consequences, the court's decision removes the possibility of deportation for many noncitizens with a single larceny conviction.
For more information about the case and to read CAIR Coalition's amicus brief, click here. For a practice advisory discussing the decision and its implications, click here.
