United States Ninth Circuit

Petition for review of the BIA’s decision, finding that petitioner's conviction for conspiracy to commit money laundering, 18 U.S.C. section 1956(h), qualified as an aggravated felony because the amount of funds exceeded $10,000 as required by 8 U.S.C. section 1101(a)(43)(D), is denied where: 1) the BIA correctly found that the $10,000 money threshold refers to the "specific circumstances" of a money laundering offense, as opposed to an element of a generic crime; and 2) the BIA was not limited to examining the language of the conviction under the categorical approach but rather properly relied on the presentence report to determine whether the threshold amount was met.

Appellate Information

• Decided 06/10/2015
• Published 06/10/2015

Judges

Court

• United States Ninth Circuit

Counsel