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Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

March 24, 2015 (1 min read)

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and that the statute is not divisible for purposes of the modified categorical approach because Maryland courts have found it contains alternative means of committing the offense rather than alternative elements upon which a jury must agree in order to convict." - Matter of Stewart, Feb. 11, 2015, unpub., courtesy of IRAC.