(D)  Independent Deportation Ground.  Conviction under 18 U.S.C. § 1546 is also a ground of deportation regardless of the sentence imposed, under a deportation ground independent of the aggravated felony deportation ground, if the offense relates to “fraud and misuse of visas, permits and other entry documents.”[538]  This has been held not to include offenses involving a green card, as it is not primarily a visa or entry document.[539] 

[538] INA § 237(a)(3)(B)(iii), 8 U.S.C. § 1227(a)(3)(B)(iii).

[539] The BIA in an unpublished case followed a Supreme Court case making this distinction.  See Matter of VG, A92 593 325 (Mar. 22, 1999), citing United States v. Campos-Serrano, 404 U.S. 293, 271 (1971).  For a copy of the unpublished BIA decision, contact the National Lawyers Guild National Immigration Project at http://www.nationalimmigrationproject.org or 617-227-9727.

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State v. Reynua, State of Minnesota, Mower County District Court (Jul. 23, 2012) (File No. 50-CR-09-1811) (unpublished) (admission of an I-9 form in a state forgery prosecution was reversible error); on remand after State v. Reynua, 807 N.W.2d 473 (Minn.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).