United States Eleventh Circuit

The misapplication of auction drafts by a bank employee in violation of 18 USC 656 is an aggravated felony under Section 101(a)(43)(M)(i) of the Immigration and Nationality Act, and Section 212(h) of the Act does not violate the equal protection guarantee of the Due Process Clause of the Fifth Amendment by allowing discretionary relief from removal for illegal immigrants convicted of aggravated felonies while denying the same relief to lawful permanent resident aliens convicted of the same offenses.

Appellate Information

• Decided 05/14/2001
• Published 05/14/2001

Judges

• FAY, Circuit Judge:, Before EDMONDSON, FAY and NEWMAN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Ronald Haber,Haber & Roth, Miami, FL, for Petitioner.


• For Appellees:
  
• Anh-Thu P. Mai, Norah Ascoli Schwarz, Donald A. Couvillon, David V. Bernal, Anthony Cardozo Payne, Office of Imm. Lit./U.S. Dept. of Justice, John Ashcroft, U.S. Atty. Gen., Washington, DC, Daniel Vara, Chief Legal Office, INS, Miami Dist., Miami, FL, for Respondents.