Kamagate v. Ashcroft, 385 F.3d 144 (2d Cir. Sept. 21, 2004) (federal conviction of conspiracy to utter and possess counterfeit securities in violation of 18 U.S.C. 371, 513(a), constitutes an aggravated felony, as "an offense relating to . . . counterfeiting," under 8 U.S.C. 1101(a)(43)(R), triggering deportability under 8 U.S.C. 1227(a)(2)(A)(iii), rejecting an argument that an offense relates to counterfeiting only if it involves the creation of counterfeit instruments or a scheme to do so, and that the present conviction cannot be a crime "related to counterfeiting" because a defendant can be guilty of such a conspiracy without proof that the conspirators ever dealt in counterfeit securities, much less that they made or intended to make such instruments).

jurisdiction: 
Second Circuit

 

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