United States Ninth Circuit

A defendant who pleads guilty to fraudulently appropriating more than $10,000 but subsequently makes her victims whole has not "paid down" the "loss to the victims" below the statutory threshold so that her offense no longer qualifies as an aggravated felony, for purposes of section 101(a)(43)(M)(i) of the Immigration and Nationality Act (INA).

Appellate Information

• Argued 02/14/2007
• Decided 05/29/2007
• Published 05/29/2007

Judges

• Before:  J. CLIFFORD WALLACE, D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Saad Ahmad, Law Offices of Minter & Ahmad, Fremont, CA, for the petitioner.


• For Appellees:
  
• William C. Minick (argued) and Earle B. Wilson (briefed), Office of Immigration Litigation, Civil Division, United States Department of Justice, for the respondent.