Nugent v. Ashcroft, 367 F.3d 162 (3d Cir. May 7, 2004) (Pennsylvania conviction of theft by deception, in violation of 18 Pa. Cons. Stat. Ann. 3922(a) (West 1983 & Supp. 2000), with an indeterminate sentence from a minimum of six months to a maximum of 23 months, does not trigger removal as an aggravated felony fraud conviction under 8 U.S.C. 1101(a)(43)(M)(i), since the loss to the victim was under $10,000, and because it is a hybrid offense, as a theft offense as well as a fraud offense, it must qualify as an aggravated felony under both categories or it does not trigger removal).
http://caselaw.lp.findlaw.com/data2/circs/3rd/024329p.pdf      When an offense is both an aggravated felony theft offense and an offense involving fraud or deceit ("a hybrid offense"), the term "theft offense" in INA 101(a)(43)(G) becomes a sub-class of the term any "offense" in INA 101(a)(43)(M)(i). Imagine a Venn diagram with (M)(i) (any offense) as the outer circle and (G) (any offense that involves theft) as the inner circle. Since everything in the inner circle must have all the characteristics of the outer circle, all such hybrid offenses must both be punishable by at least one year in prison, and the victim must have suffered a loss of at least $10,000 or more. Where the $10,000 requirement (part of the bigger circle) is not met, the offense cannot be an aggravated felony.