(B)  Not all Offenses Within 18 U.S.C. § 1546 are included.  A conviction of violating 18 U.S.C. § 1546 is only an aggravated felony if the conviction specifically relates to 18 U.S.C. § 1546(a).[535]  Therefore a conviction under § 1564(b) cannot be considered an aggravated felony, nor can a conviction under § 1546 in which the record does not specify the subsection.  See § 19.54(A), supra.

 

[535] The Eighth Circuit has held that federal conviction of possession of counterfeit social security card violates 18 U.S.C. § 1546(a), even if the card is not signed. United States v. Pool-Chan, 453 F.3d 1092 (8th Cir. Jul. 18, 2006).

BIA

AGGRAVATED FELONY - CONSPIRACY - FRAUD
Matter of SIK, 24 I. & N. Dec. 324 (BIA Oct. 4, 2007) (federal conviction for violation of 18 U.S.C. 371, conspiracy, where the substantive crime that was the object of the conspiracy was an is an aggravated felony under INA 101(a)(43)(M)(i), (U), 8 U.S.C. 1101(a)(43)(M)(i), (U), since the offense involved "fraud or deceit" and the potential loss to the victim(s) exceeded $10,000).

Other

IMMIGRATION OFFENSES " FEDERAL LAW PREEMPTS STATE IDENTITY FRAUD PROSECUTIONS RELATED TO FEDERAL I-9 FORMS
State v. Reynua, State of Minnesota, Mower County District Court (Jul. 23, 2012) (File No. 50-CR-09-1811) (unpublished) (admission of an I-9 form in a state forgery prosecution was reversible error); on remand after State v. Reynua, 807 N.W.2d 473 (Minn. App. 2011), review granted, revd in part and remanded (Minn. Feb. 28, 2012) (8 U.S.C. 1324a(b)(5) means what it says -- that other than specified federal prosecutions, the I-9 form and appended documents may not be used to establish a state crime).