Zhi Fei Liao v. ATTORNEY GENERAL UNITED STATES OF AMERICA On

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 19-2477
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ZHI FEI LIAO,
Petitioner
v.
ATTORNEY GENERAL UNITED STATES OF AMERICA
____________
On Petition for Review of a Decision of the
Board of Immigration Appeals
(A074-862-076)
Immigration Judge: Kuyomars Q. Golparvar
____________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
May 6, 2021
Before: HARDIMAN, PHIPPS, and COWEN, Circuit Judges.
(Filed: May 7, 2021)
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OPINION
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HARDIMAN, Circuit Judge.
Zhi Liao returns to this Court a second time. We granted his first petition for
review after holding that the BIA erred when it held that Liao’s conviction for violating
 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.

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2
Pennsylvania’s child endangerment statute, 18 PA. CONS. STAT. § 4304(a)(1), was a
removable child abuse offense under the Immigration and Nationality Act. See Liao v.
Att’y Gen. (Liao I), 910 F.3d 714, 717 (3d Cir. 2018).
In Liao I, the BIA did not address whether Liao’s terroristic threats conviction in
violation of 18 PA. CONS. STAT. § 2706(a)(1) rendered him removable, so we remanded
the case for consideration of that issue. The Board of Immigration Appeals upheld the
immigration judge’s ruling that Liao was removable to his native China because of that
conviction. Liao petitions for review once again.
Exercising our jurisdiction over final orders of removal under 8 U.S.C.
§ 1252(a)(1), we review Liao’s legal challenge to the BIA’s single member decision de
novo. Liao I, 910 F.3d at 718. The Government now concedes that Liao’s Pennsylvania
conviction for terroristic threats does not constitute a removable crime of domestic
violence under 8 U.S.C. § 1227(a)(2)(E)(i). See Gov’t Br. 3, 16, 19 (citing United States
v. Brown, 765 F.3d 185, 193 (3d Cir. 2014)). So we will grant the petition, vacate the
final order of removal, and remand with instructions for the BIA to remand to the IJ with
instructions to dismiss the removal proceedings against Liao.

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