United States Ninth Circuit
Wang v. Rodriguez, 14-15779
In a petition seeking de novo review of the United States Citizenship and Immigration Service's denial of naturalization based on petitioner's conviction for trafficking in counterfeit goods in violation of 18 U.S.C. section 2320(a), the District Court's grant of summary judgment for the government is reversed where: 1) a conviction under section 2320 does not necessarily involve fraud or deceit because a defendant can be convicted of trafficking in counterfeit goods for conduct that is merely likely to cause 'mistake' or 'confusion'; and therefore 2) petitioner's conviction could not form the basis for a finding that she was convicted of an aggravated felony under 8 U.S.C. section 1101(a)(43)(M)(i).
Appellate Information
- Decided
- Published 2016/07/27
Judges
- FLETCHER
Court
- United States Ninth Circuit