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Aggravated Felonies





 


 

§ B.47 1. False Statements

 





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BIA


                    
                    
                    
 
                      SUBMITTING FALSE CLAIM - FRAUD OFFENSE

                      Matter of Onyido, 22 I. & 
                    N. Dec. 552 (BIA Mar. 4, 1999) (en banc) (Indiana conviction 
                    of submitting a false claim with intent to defraud, in violation 
                    of section 35-43-5-4(10) of the Indiana Code, a Class D felony 
                    for which the respondent received the maximum penalty of 3 
                    years confinement, arising from an unsuccessful scheme to 
                    obtain $15,000 from an insurance company, was a conviction 
                    of an "attempt" to commit a fraud in which the loss 
                    to the victim exceeded $10,000, which was an aggravated felony 
                    within the meaning of INA § 101(a)(43)(U), 8 U.S.C.  1101(a)(43)(U), 
                    triggering deportation under 8 U.S.C. § 1251(a)(2)(A)(iii)).
                    


                  
Third Circuit


                    
                    
                    
 
                      FILING FALSE TAX RETURNS - TAX EVASION

                      Lee v. United States, 368 
                    F.3d 218 (3d Cir. May 19, 2004) (federal conviction of filing 
                    false income tax returns, in violation of 26 U.S.C. § 7206(1), 
                    is not an aggravated felony, as defined by INA § 101(a)(43)(M)(i), 
                    8 U.S.C. § 1101(a)(43)(M)(i), for immigration purposes, as 
                    INA § 101(a)(43)(M)(ii), 8 U.S.C.  1101(a)(43)(M)(ii) specifically 
                    covers tax evasion, but INA § 101(a)(43)(M)(ii), 8 U.S.C. 
                    § 1101(a)(43)(M)(i) does not, since to hold otherwise would 
                    render INA § 101(a)(43)(M)(ii), 8 U.S.C.  1101(a)(43)(M)(ii) 
                    mere surplusage).
                    


                  
Lower Courts of Third Circuit


                    
                    
                    
 
                      FALSE STATEMENT ON LOAN APPLICATION - FRAUD OFFENSE

                      Sharma v. Ashcroft, 
                    158 F.Supp.2d 519, 521 (E.D.Pa. May 25, 2001) (federal conviction 
                    of making false statements on a loan application, in violation 
                    of 18 U.S.C. § 1014, constitutes an "aggravated felony" 
                    as defined by 8 U.S .C. § 1101(a)(43)(M)(i), for immigration 
                    purposes).
                    


                  
Ninth Circuit


                    
                    
                    
 
                      FALSE STATEMENT TO GOVERNMENT OFFICIAL - FRAUD OFFENSE

                      Li v. Ashcroft, 
                    389 F.3d 892 (9th Cir. Nov. 19, 2004) (federal conviction 
                    of making a false statement to a United States official, in 
                    violation of 18 U.S.C. § 1001, is divisible with respect to 
                    the fraud offense aggravated felony defined in INA § 101(a)(43)(M)(i), 
                    8 U.S.C. § 1101(a)(43)(M)(i), since it does not require proof 
                    of any monetary loss and so does not automatically satisfy 
                    the element of this aggravated felony definition requiring 
                    a loss to the victim(s) in excess of $10,000, so the record 
                    of conviction must be examined to determine whether the conviction 
                    falls within the definition).
                    



                    
                    
                    
 
                      FALSE TAX RETURN - FRAUD OFFENSE

                      Abreu-Reyes v. INS, 292 F.3d 1029 
                    (9th Cir. June 10, 2002) (federal conviction of subscribing 
                    to a false tax return, in violation of 26 U.S.C. § 7206(1), 
                    constituted an aggravated felony as a fraud offense under 
                    INA § 101(a)(43)(M)(i), 8 U.S.C.  1101(a)(43)(M)(i) for removal 
                    purposes), opinion withdrawn on grant of rehearing by, 350 
                    F.3d 966 (9th Cir. Nov. 21, 2003).
                    


                  
Lower Courts of Ninth Circuit


                    
                    
                    
 
                      WELFARE FRAUD - FRAUD OFFENSE

                      Danh v. Demore, 59 F.Supp.2d 994 (N.D.Cal. 
                    May 28, 1999) (California conviction of welfare fraud, in 
                    violation of California Welf. & Inst.Code § 10980(c)(2), 
                    constituted an aggravated felony under INA § 101(a)(43)(M)(i), 
                    8 U.S.C. § 1101(a)(43)(M)(i), as "fraud or deceit in 
                    which the loss to the victim or victims exceeds $10,000").
                    


                    









 

	

	 

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