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.
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OPINION
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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. |