CA4 on Jurisdiction, Categorical Approach: Castendet-Lewis v. Sessions

Castendet-Lewis v. Sessions, Apr. 25, 2017 - "We first assess — and deny — the Attorney General’s renewed motion to dismiss. We then proceed to the merits of Castendet’s petition for review, which contends that his burglary offense is not an aggravated felony. Because we agree with Castendet’s contention, we grant the petition. ... We know of no authority of the DHS — and none has been presented here — to strip us of jurisdiction in a pending case simply by writing “cancelled” on a removal order the DHS has used to remove an alien. ... Utilizing the categorical approach, we are also satisfied that the Virginia offense of statutory burglary criminalizes more conduct than the generic federal offense of burglary. The DHS therefore erred in classifying Castendet’s conviction as an aggravated felony. Pursuant to the foregoing, we grant the petition for review, vacate the DHS’s Removal Order, and remand for such other and further proceedings as may be appropriate."

[Hats off to Michael R. Huston!]