Valansi v. Ashcroft, 203 F.3d 203 (3d
Cir. Feb. 1, 2000) (federal conviction of misapplication of
bank funds, in violation of 18 U.S.C. § 656, is not categorically
an offense involving "deceit" for purposes of INA
§ 101(a)(43)(M)(i) (fraud or deceit)).
Sulaiman v. Attorney General, Immigration
and Naturalization Service, 212 F.Supp.2d 413 (E.D.Pa. July
30, 2002) (federal conviction of bank fraud, in violation
of 18 U.S.C. § 1344, held to be an aggravated felony fraud
offense with loss to victim(s) in excess of $10,000, under
INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i), for
the immigration purpose of denying asylum).
Sharma v. Ashcroft, 158 F.Supp.2d 519,
521 (E.D.Pa. May 25, 2001) (federal conviction of bank fraud,
in violation of 18 U.S.C. § 1344, constitutes an "aggravated
felony" as defined by 8 U.S .C. § 1101(a)(43)(M)(i) for
immigration purposes).
United States v. Ogembe, 41 F.Supp.2d 567
(E.D.Pa. Mar. 3, 1999) (federal conviction of conspiracy to
commit bank fraud in violation of 18 U.S.C. § 371 constitutes
an aggravated felony as an offense that "involves fraud
or deceit in which the loss to the victim or victims exceeds
$10,000" under INA §§ 101(a)(43)(M)(i), (U), 8 U.S.C.
§§ 1101(a)(43)(M)(i), (U), regardless of sentence).
Knutsen v. Gonzales, 429 F.3d 733 (7th
Cir. Nov. 22, 2005) (federal conviction of bank fraud, in
violation of 18 U.S.C. § 1344, did not constitute aggravated
felony fraud offense under INA § 101(a)(43)(M)(i), 8 U.S.C.
Chang v. INS, 307 F.3d 1185 (9th Cir.
Oct. 11, 2002) (federal conviction of bank fraud for knowingly
passing a $605.30 bad check held not to constitute an aggravated
felony, under INA § 101(a)(43)(M)(i), 8 U.S.C.
Khalayleh v. INS, 287 F.3d 978, 980
(10th Cir. Apr. 23, 2002) (federal conviction of bank fraud,
in violation of 18 U.S.C. § 1344(1), constituted conviction
of an offense involving fraud, with a loss to the victim(s)
in excess of $10,000, and was therefore an aggravated felony
for deportation purposes under INA § 101(a)(43)(M)(i), 8 U.S.C.
Bejacmar v. Ashcroft,
291 F.3d 735 (11th Cir. May 14, 2002) (conspiracy to commit
bank fraud, a violation of 18 U.S.C. § 371, constituted an
aggravated felony under INA § 101(a)(43)(M)(i), 8 U.S.C. §
1101(a)(43)(M)(i), since the loss exceeded $10,000).
Moore v. Ashcroft, 251 F.3d
919 (11th Cir. May 14, 2001) (federal conviction of misapplication
of bank funds, in violation of 18 U.S.C. § 656, constituted
aggravated felony under INA § 101(a)(43)(M)(i), 8 U.S.C. §
1101(a)(43)(M)(i) for removal purposes, since it necessarily
involves fraud or deceit and loss exceeded $10,000).
Matter of LS, 22 I. & N. Dec. 645 (BIA Apr.
16, 1999) (federal conviction of bringing illegal aliens into
the United States, in violation of INA § 274(a), 8 U.S.C.
§ 1324(a), is an aggravated felony under INA 101(a)(43)(N),
8 U.S.C. § 1101(a)(43)(N) for deportation purposes).