Nijhawan v. Attorney General, 523 F.3d 387 (3d Cir. May 2, 2008) (federal conviction of conspiracy to commit bank fraud, in violation of 18 U.S.C. 371, constituted a fraud offense aggravated felony, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), despite an argument the jury did not find any loss amount over $10,000, since noncitizen stipulated in criminal court for sentencing purposes the loss to the victims was in excess of $100 million, affirming BIA holding that loss was not a necessary element of the offense since it "was used as a qualifier, in a way similar to length of sentence provisions in other aggravated felony subsections."; "taken together, the indictment, judgment of conviction, and
stipulation provide clear and convincing evidence that the requisite loss was tied to Nijhawans offense of conviction"), citing Singh v. Ashcroft, 383 F.3d 144, 161 (3d Cir. 2004).