United States Third Circuit

Petition for review of a BIA decision finding that petitioner was removable under 8 U.S.C. section 1101(a)(43)(M)(i) for committing an aggravated felony is denied where: 1) petitioner's conviction for conspiracy to commit bank fraud, mail fraud and wire fraud constituted offenses involving "fraud or deceit" for purpose of the INA; and 2) while petitioner's conviction did not establish that loss to his victims exceeded $10,000, section 1101(a)(43)(M)(i) does not require a jury to have determined that there was a loss in excess of $10,000.

Appellate Information

• Argued 12/11/2007
• Decided 05/02/2008
• Published 05/02/2008

Judges

• Before:  RENDELL and STAPLETON, Circuit Judges, and IRENAS , District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas E. Moseley, (Argued) Newark, NJ, for Petitioner.


• For Appellees:
  
• Michelle G. Latour, Lyle D. Jentzer, Jamie M. Dowd, (Argued), U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.