United States Second Circuit

Order of removal on grounds that petitioner's conviction for making false statements in connection with the acquisition of a firearm was a firearm offense rendering him removable, and that his conviction for fraud in connection with unauthorized access devices was an aggravated felony also rendering him removable, is vacated to the extent the IJ erred in finding petitioner removable for the fraud offense as it was improper for the IJ and BIA to have relied upon a restitution order to determine that petitioner was convicted of an offense involving fraud or deceit in which the loss to the victim or victims exceeds $10,000.

Appellate Information

• Decided 09/19/2007
• Published 09/19/2007

Judges

• SOTOMAYOR, Circuit Judge:, Before:  FEINBERG, SOTOMAYOR and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sandra Greene, York, PA, for petitioner.


• For Appellees:
  
• Manuel A. Palau, Trial Attorney, Office of Immigration Litigation (Terri J. Scadron, Assistant Director, on the brief), for Peter D. Keisler, Assistant Attorney General, Civil Division, United States Department of Justice, Washington, DC, for respondent.