Criminal Defense of Immigrants

Any noncitizen who an immigration official knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense described in 18 U.S.C. § § 1956 or 1957 (relating to laundering of monetary instruments), is inadmissible.  The same is true for anyone an immigration official knows, or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in such an offense.[192]

                The “reason to believe” analysis and burdens under this ground should be the same as for the “reason to believe” drug trafficking ground.  See § 21.6, infra.  Money laundering is also considered a CMT.[193]  Money laundering may also qualify as an aggravated felony.[194]

[192] INA § 212(a)(2)(I), 8 U.S.C. § 1182(a)(2)(I).

[193] Smalley v. Ashcroft, 354 F.3d 332 (5th Cir. 2003); Matter of UH, 23 I. & N. Dec. 355, 356 (BIA 2002).

[194] Chowdhury v. INS, 249 F.3d 970, 972-974 (9th Cir. May 14, 2001) (federal conviction for money laundering $1,310 in violation of 18 U.S.C. § 1956(a)(1)(A) did not constitute an “aggravated felony,” even though defendant was ordered to pay $967,753.39 in restitution, because, under INA § 101(a)(43)(D), 8 U.S.C. § 1101(a)(43)(D), the amount of funds laundered must exceed $10,000).  See § 19.77, infra.