U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office of the Clerk

5107 Leesburg Pike, Suite 2000

Falls Church, Virginia 22041

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Sweeney, Maureen A DHS/ICE Office of Chief Counsel - BAL
UMd Immigration Clinic 31 Hopkins Plaza, Room 1600
500 W. Baltimore St, Ste. 360 Baltimore, MD 21201
Baltimore, MD 21201

Name: SAMA, VERA A 076-581-488

Date of this notice: 3/22/2017

Enclosed is a copy of the Board's decision and order in the above-referenced case.

Sincerely,

,"'-._,,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
Mann i Ana
Creppy, Michael J.
Malphrus, Garry D.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: Vera Sama, A076 581 488 (BIA March 22, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

FalJs Church, Virginia 22041

File: A076 581 488 - Baltimore, MD Date: MAR 2 2 2017

In re: VERA SAMA a.k.a. Vera Kasubika Sama a.k.a. Vellah Kabusika Sama

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Maureen A. Sweeney, Esquire

CHARGE:

Notice: Sec. 237(a)(2)(A)(iii), l&N Act [8 U.S.C. 1227(a)(2)(A)(iii)] -

Convicted of aggravated felony

APPLICATION: Termination

On October 30, 2015, the Attorney General ordered the Board to refer this matter to her for
review in Matter of Chairez and Sama, 26 l&N Dec. 686 (A.G. 2015). In that order, the
Attorney General also stayed the application of our decisions in Matter of Chairez ("Chairez f'),
26 l&N Dec. 349 (BIA 2014), and Matter of Chairez ("Chairez If'), 26 I&N Dec. 478 (BIA
2015), declaring them to be nonprecedential and nonbinding during the pendency of her review.
The Attorney General's review is now complete, and the record has been returned to the Board
so that we may take "any appropriate action" in light of Mathis v. United States, 136 S. Ct. 2243
(2016). Matter of Chairez and Sama, 26 I&N Dec. 796, 796 (A.G. 2016). On September 28,
2016, we issued Matter of Chairez ("Chairez III"), 26 I&N Dec. 819. 819-20 (BIA 2016), in
which we clarified "that the understanding of statutory 'divisibility' embodied in Descamps [v.
United States, 133 S. Ct. 2276 (2013)] and Mathis applies in immigration proceedings
nationwide to the same extent that it applies in criminal sentencing proceedings."

This case was last before us on July 17, 2015, when we sustained the respondent's appeal and
terminated proceedings. We concluded that the respondent's 2006 conviction for theft, in
violation of section 7-104 of the Maryland Criminal Code, was not an "aggravated felony," theft
offense under sections 101(a)(43)(G) and 237(a)(2)(A)(iii) of the Immigration and Nationality
Act, 8 U.S.C. l 101(a)(43)(G), 1227(a)(2)(A)(iii), because the Maryland statute was overbroad
and indivisible.

Upon further consideration, we conclude that the analysis in our decision dated July 17,
2015, comports with the requirements of Chairez Ill, as well as the Supreme Court's decisions in
Descamps and Mathis. As discussed in our prior decision, Maryland Criminal Code 7-104 is
not categorically an aggravated felony, and is not a divisible statute vis-a-vis the theft offense
concept. While we acknowledged the Immigration Judge's well-reasoned decision that a natural
reading of 7-104 supports the conclusion that the statute is divisible, the Maryland courts have
held that 7-104 does not define multiple autonomous offenses with discrete elements; rather, it
defines a single offense that may be committed several ways. Cardin v. State, 533 A.2d 928,
933-34 (Md. Ct. Spec. App. 1987) ("As long as jurors unanimously agree that theft in some form
Cite as: Vera Sama, A076 581 488 (BIA March 22, 2017)
A076 58(488

was committed, nothing more is required."); Craddock v. State, 494 A.2d 971 (Md. Spec. App.
1985). Thus, the respondent's conviction does not render her removable as an alien convicted of
an aggravated felony.

In light of the above, we find no basis to depart from our prior decision dated July 17, 2015,
which is adopted and incorporated herein. Accordingly, the following order will be entered.

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ORDER: The respondent's appeal is again sustained, and the removal proceedings are
terminated.

2
Cite as: Vera Sama, A076 581 488 (BIA March 22, 2017)