Aggravated Felonies

(G)  Post-Conviction Relief to Alter Restitution Order.  Where a restitution order establishes a loss to the victim in excess of $10,000, counsel can attempt post-conviction relief, but the mere fact that the court alters the restitution order, without a finding that the new order accurately reflects the amount of loss to the victim, will not necessarily have the desired result.[476]  See § 3.66(D), supra.

[476] Munroe v. Ashcroft, 353 F.3d 225 (3d Cir. Dec. 16, 2003) (New Jersey theft by deception, N.J.S.A. 2C: 20-4, held to be aggravated felony fraud conviction under INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i), for deportation purposes where actual loss to victim exceeded $10,000, even though sentencing judge reduced amount of restitution from $11,522 to $9,999, since critical fact is amount of loss, not restitution amount).