Aggravated Felonies
§ 5.55 1. Nature of the Offense
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A conviction is an aggravated felony for immigration purposes if the offense involves “fraud or deceit in which the loss to the victim or victims exceeds $10,000.”[415] This ground therefore requires the following elements:
(1) a conviction for an offense
(2) that involves fraud or deceit
(3) for which the loss to the victim(s) exceeds $10,000.
This aggravated felony is not defined by reference to a federal statute, but the BIA had adopted a “generic” definition of the offense.[416]
[415] INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i).
[416] See § § 4.34-4.36, supra.
