Mena v. Lynch

Petitioner, a native and citizen of the Dominican Republic, seeks review of the BIA's decision finding him ineligible for cancellation of removal because he is an aggravated felon. The court held that, based on the court's application of the categorical approach, a conviction under the second paragraph of 18 U.S.C. 659 is not a “theft offense (including receipt of stolen property)” under 8 U.S.C. 1101(a)(43)(G). Therefore, the BIA erred in finding petitioner to be an aggravated felon who is ineligible for cancellation of removal under 8 U.S.C. 1229b(a)(3). Accordingly, the court granted the petition for review and remanded for further proceedings. View "Mena v. Lynch" on Justia Law