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ImmigrationProf Blog
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S Ct Grants Cert in Agg Felony Case

By immigrationprof

The Supreme Court granted cert today in an immigration case, Nijhawan v. Mukasey.  The issue in the case is whether the petitioner’s conviction for mail, bank and wire fraud qualified as an “aggravated felony” under the immigration laws.  Check out SCOTUS blog for links to the opinion below (Third Circuit), Petition for certiorari, Brief in opposition, and the Petitioner’s reply.

The Third Circuit held that a noncitizen is removable under the fraud/deceit aggravated felony ground, regardless whether the crime included a monetary loss element. See Nijhawan v. Attorney General, 523 F.3d 387 (3d Cir. 2008). Tom Moseley, of Newark, represents the petitioner.

KJ