Aggravated Felonies



 
 

§ B.23 4. Counterfeiting

 
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First Circuit

AGGRAVATED FELONY - COUNTERFEITING - COUNTERFEITING
Magasouba v. Mukasey, 543 F.3d 13 (1st Cir. Sept. 30, 2008) (Rhode Island conviction for trafficking in trademark counterfeits, in violation of R.I. Gen. Laws 11-17-13(c)(1), for immigration purposes).

Second Circuit

SECURITIES - COUNTERFEITING
Kamagate v. Ashcroft, 385 F.3d 144 (2d Cir. Sept. 21, 2004) (federal conviction of conspiracy to utter and possess counterfeit securities in violation of 18 U.S.C. §§ 371, 513(a), constitutes an aggravated felony, as "an offense relating to . . . counterfeiting," under INA § 101(a)(43)(R), (U), 8 U.S.C. § 1101(a)(43)(R), (U), triggering deportability under INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii), rejecting an argument that an offense relates to counterfeiting only if it involves the creation of counterfeit instruments or a scheme to do so, and that the present conviction cannot be a crime "related to counterfeiting" because a defendant can be guilty of such a conspiracy without proof that the conspirators ever dealt in counterfeit securities, much less that they made or intended to make such instruments).
POSSESSION OF COUNTERFEIT SECURITIES - FRAUD OFFENSE
Sui v. INS, 250 F.3d 105 (2d Cir. May 11, 2001) (federal conviction of violating 18 U.S.C. § 513(a), possession of counterfeit securities with intent to deceive, does not constitute a deportable aggravated felony as a conviction of an offense involving fraud, under INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i), since the loss to the victims as a result of defendants actions did not exceed $10,000).
POSSESSION OF COUNTERFEIT SECURITIES - ATTEMPT
Sui v. INS, 250 F.3d 105 (2d Cir. May 11, 2001) (federal conviction of violating 18 U.S.C. § 513(a), possession of counterfeit securities with intent to deceive, does not necessarily constitute an attempt to pass counterfeit securities and cause a loss, and is therefore not an "attempt" to commit an aggravated felony under INA § 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U), for deportation purposes).

Third Circuit

AGGRAVATED FELONY - COUNTERFEITING - TRAFFICKING IN COUNTERFEIT GOODS
Park v. Attorney General of the United States, ___ F.3d ___, 2006 WL 3821408 (3d Cir. Dec. 29, 2006) (federal conviction of trafficking in counterfeit goods or services in violation of the Trademark Counterfeiting Act of 1984, 18 U.S.C. 2320, is an aggravated felony conviction for "an offense relating to ... counterfeiting," under INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R)).

Fifth Circuit

BAD CHECKS - CONSPIRACY
United States v. Dabeit, 231 F.3d 979 (5th Cir. Oct. 30, 2000), cert. denied, 531 U.S. 1202 (2001) (federal conviction of conspiracy to perpetrate a checking and savings account kite scheme, in violation of 18 U.S.C. § 2113(b), was an aggravated felony, under INA § 101(a)(43)(G), (U), 8 U.S.C. §§ 1101(a)(43)(G), (U), so as to permit enhancement of the illegal re-entry sentence in defendants base offense level pursuant to U.S.S.G. § 2L1.2(b)(1)(A)).

Ninth Circuit

AGGRAVATED FELONY " COUNTERFEITING " TRADEMARK COUNTERFEITING
Rodriguez-Valencia v. Holder, ___ F.3d ___, 2011 WL 2899605 (9th Cir. Jul. 21, 2011) (per curiam) (California conviction for willfully manufacturing, intentionally selling, and knowingly possessing for sale more than 1,000 articles bearing a counterfeit trademark, in violation of Penal Code 350(a)(2), constitutes an aggravated felony as an offense relating to ... counterfeiting under INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), rejecting argument that this aggravated felony covers only counterfeiting of currency); see Magasouba v. Mukasey, 543 F.3d 13, 15 (1st Cir.2008) (quoting Park v. INS, 472 F.3d 66, 72 (3d Cir.2006); Kamagate v. Ashcroft, 385 F.3d 144, 154 (2d Cir.2004) (The term [relating to in INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R),] ... suggest[s] Congress's intent to reach more broadly than any single statute.); see also Morales v. Trans World Airlines, 504 U.S. 374, 383"84, 112 S.Ct. 2031, 119 L.Ed.2d 157, (1992) (finding that the phrase relating to has a broad scope ... and an expansive sweep.).
OBLIGATIONS - COUNTERFEITING
Albillo-Figueroa v. INS, 221 F.3d 1070 (9th Cir. Aug. 4, 2000) (federal conviction for possession of counterfeit obligations, in violation of 18 U.S.C. § 472, is an "aggravated felony" under INA § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R) for immigration purposes).

 

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