The Fourth Circuit has granted a petition for review filed by a Honduran lawful permanent resident found removable based on a Virginia embezzlement conviction that the agency classified as an aggravated felony involving fraud or deceit.
Applying the categorical approach, the Court held that Virginia's embezzlement statute does not require any fraudulent or deceitful conduct by its elements, since a person can embezzle openly, without concealment or misrepresentation. The Court rejected the government's reliance on prior dicta suggesting embezzlement generally involves dishonesty, explaining that Virginia's statute criminalizes only the wrongful taking of property already in the defendant's possession. The Court vacated the removal order and remanded to the agency.
The full text of Ramos v. Blanche can be found here: https://www.ca4.uscourts.gov/opinions/252037.P.pdf