Aggravated Felonies
§ 5.54 . Fraud
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The statute includes as an aggravated felony “an offense that — (i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000 . . . .”[412] Statutory changes in 1996 reduced the amount of monetary loss to the victim(s) required to trigger a finding that a fraud or deceit conviction was an aggravated felony, from $200,000 to $10,000.[413] This change is retroactive.[414] The nature of the offense is discussed in § 5.55, infra, and the requirement of loss to the victim is discussed in § 5.56, infra. See also discussion of “deceit” at § 5.34, supra.
[412] INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i).
[413] See Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”), Division C of Pub. L. No. 104-208, § 321(a)(7), 110 Stat. 3009-546, 3009-628 (enacted Sept. 30, 1996); Matter of Ayala-Arevalo, 22 I. & N. Dec. 398, n.1 (BIA 1998).
[414] See § 3.9, supra.
