CD4:19.73;AF:5.55;SH:7.81
AGGRAVATED FELONY - FRAUD - WHERE FRAUD NOT AN EXPLICIT ELEMENT, BUT IMPLICIT IN NATURE OF OFFENSE
Blanco v. Mukasey, 518 F.3d 714 (9th Cir. Mar. 3, 2008) ("Our cases hold that intent to defraud is implicit in the nature of the crime when the individual makes false statements in order to procure something of value, either monetary or non-monetary. See id. (holding that fraud is not inherent where crime "does not involve the use of false statements ... nor does the defendant obtain anything" of value); see also Navarro-Lopez, 503 F.3d at 1076 (Reinhardt, J., concurring); cf. Notash v. Gonzales, 427 F.3d 693, 698 (9th Cir.2005) (holding fraud not inherent where statute "did not require an intent to deprive the United States of revenue"). Fraud therefore does not equate with mere dishonesty, because fraud requires an attempt to induce another to act to his or her detriment. See Black's Law Dictionary 685 (8th ed.2004). One can act dishonestly without seeking to induce reliance. . . .").