Da Graca v. Garland, No. 20-1607 (1st Cir. 2022)
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The First Circuit vacated the decision of the Board of Immigration Appeals affirming Petitioner's order of removal and denying his requests for cancellation of removal and voluntary departure, holding that a conviction under R.I. Gen. Laws (RIGL) 31-9-1 is not categorically a theft offense.
In 2016, Petitioner, a citizen of Cape Verde who came to the United States as a lawful permanent resident in 1989, was convicted in a Rhode Island superior court of driving a motor vehicle without consent of the owner or lessee, in violation of RIGL 31-9-1. Thereafter, the Department of Homeland Security initiated removal proceedings against Petitioner. Petitioner argued that he was eligible for cancellation of removal and voluntary departure because a conviction under RIGL 31-9-1 did not constitute an aggravated felony theft offense. An immigration judge (IJ) determined that Petitioner's Rhode Island conviction was categorically a theft offense, thus denying relief. The Board of Immigration Appeals (BIA) affirmed. The First Circuit vacated the BIA's opinion, holding that Petitioner's conviction under RIGL 31-9-1 did not constitute a categorical aggravated felony theft offense.
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