Third Circuit

AGGRAVATED FELONY " SEXUAL ABUSE OF A MINOR " AGGRAVATED SEXUAL CONDUCT WITH MINOR
Restrepo v. Attorney General, 617 F.3d 787, 2010 WL 3211138 (3d Cir. Aug. 16, 2010) (New Jersey conviction of aggravated criminal sexual contact with a victim of at least thirteen years of age, but less than sixteen years of age, in violation of N.J. Stat. Ann. 2C:14-3(a), constitutes aggravated felony sexual abuse of a minor under INA 101 (a)(43)(A), 8 U.S.C 1101(a)(43)(A), for removal purposes), following Matter of Rodriguez-Rodriguez, 22 I&N Dec. 991, 995-96 (BIA 1999).

EMBEZZLEMENT - FRAUD OFFENSE
Valansi v. Ashcroft, 278 F.3d 203 (3d Cir. Jan. 23, 2002) (federal conviction for embezzling, in violation of 18 U.S.C. § 656, in excess of $400,000 in cash and checks from employer was not a fraud offense aggravated felony as defined in section INA § 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), for immigration purposes).

Eleventh Circuit

EMBEZZLEMENT - FRAUD OFFENSE
Balogun v. U.S. Attorney Gen., 425 F.3d 1356 (11th Cir. Sept. 26, 2005) (Alabama conviction for embezzlement of moneys belonging to the United States is an aggravated felony fraud offense under INA § 101(a)(43)(M)(i); the United States may be considered the "victim" for purposes of INA § 101(a)(43)(M)(i)).