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HABIB KHADAIR ABBAS AL-ADILY,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
   No. 22-3432
On Petition for Review from the Board of Immigration Appeals;
No. A 071 675 432.
Argued: December 6, 2022
Decided and Filed: March 30, 2023
Before: SILER, GILMAN, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. Habib Al-Adily, a citizen of Iraq and a lawful permanent resident of the United States, was late in returning his rental car to Thrifty-Rent-a-Car (Thrifty). He was indicted under a Michigan statute criminalizing the willful failure to timely return rental property, an offense to which he pleaded guilty and for which he was ordered to pay over $10,000 in restitution to Thrifty. Two Immigration Judges (IJs) and the Board of Immigration Appeals (BIA) concluded that these circumstances warranted Al-Adily’s deportation for having been convicted of an aggravated felony under the Immigration and Nationality Act (INA). For the reasons set forth below, we GRANT Al-Adily’s petition for review, REVERSE the BIA’s decision, and REMAND to the BIA with instructions to terminate the removal proceedings against him.