Aggravated Felonies

(G)  Relationship to Other Grounds.  The Third Circuit has found that, where a criminal conviction qualifies as both a theft offense and fraud, both the sentence requirement of the theft category and the loss requirement of the fraud category must be met to trigger deportation as an aggravated felony.[761]  See § 5.55, supra.

[761] 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), 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, 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).