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United States Third Circuit


NUGENT v. ASHCROFT, 02-4329, 04-1541

The court lacks jurisdiction to review a final order of removal issued on moral turpitude grounds under 8 U.S.C. section 1227(a)(2)(A)(ii). Petitioner's conviction under Pennsylvania's theft by deception statute does not qualify as an aggravated felony as defined by the INA, because the victims' loss did not exceed $10,000.

Appellate Information

  • Argued 01/12/2004
  • Decided 05/07/2004
  • Published 05/07/2004

Judges

  • Before:  SLOVITER, RENDELL and ALDISERT, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Steven A. Morley (Argued), Morley, Surin & Griffin, P.C., Philadelphia, PA, for Petitioner.

  • For Appellees:
  • Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, William C. Minick, Anthony C. Payne, Jamie M. Dowd (Argued), Office of Immigration Litigation, Civil Division, United States Justice Department, Washington, D.C., for Respondent.
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