Vassell II - CA11 on 'Theft Offense'

Vassell II, Oct. 21, 2016 - "The opinion issued by this panel in this case on June 13, 2016 is withdrawn, and this opinion is issued in its place. In our earlier opinion, this Court reversed the holding of the Board of Immigration Appeals (BIA) that Winsome Vassell’s conviction under O.C.G.A. § 16-8-2 was a “theft offense” as that term is defined under 8 U.S.C. § 1101(a)(43)(G). The panel opinion expressly granted Ms. Vassell’s Petition for Review, but the panel is now advised that the BIA does not deem this Court’s June 13, 2016 opinion sufficient to require it to accept Ms. Vassell’s case on remand. The panel is therefore reissuing this opinion to make clear that in addition to granting Ms. Vassell’s petition, we are REMANDING this case to the BIA for further proceedings consistent with this Court’s ruling in its June 13, 2016 opinion, which is restated in this opinion reissued today."