United States Third Circuit

In a case in which the government sought to remove a Jamaican national for an aggravated felony based on his conviction of knowingly making a false statement under penalty of perjury in a bankruptcy proceeding in violation of 18 USC section 152(3), a petition for review of a BIA order of removal is granted, where: 1) a conviction under 18 USC section 152(3) necessarily entails deceit and therefore qualifies as a potential aggravated felony "deceit" offense; 2) the fact that the petitioner was not removable for a perjury-based aggravated felony did not mean he was not removable for a deceit-based aggravated felony; but 3) the petitioner's offense was not a deceit-based aggravated felony because it did not cause an actual loss of $10,000 or more.

Appellate Information

• Decided 04/16/2012
• Published 04/16/2012

Judges

• Van Antwerpen

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas E. Moseley, Jesse M. Bless