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Nijhawan v. Holder

Docket No.: 08-495
Certiorari Granted: 1/16/2009
Argued: April 27, 2009
Decided: June 15, 2009

PartyNames: Manoj Nijhawan v. Eric H. Holder, Jr., Attorney General
Petitioner: Manoj Nijhawan
Respondent: Eric Holder

Court Below: United States Court of Appeals for the Third Circuit

Manoj Nijhawan
v.
Eric Holder
557 U.S. 29 (2009)
Consideration Limited:

LIMITED TO THE FOLLOWING QUESTION: "WHETHER PETITIONER'S CONVICTION FOR CONSPIRACY TO COMMIT BANK FRAUD, MAIL FRAUD, AND WIRE FRAUD QUALIFIES AS A CONVICTION FOR CONSPIRACY TO COMMIT AN `OFFENSE THAT INVOLVES FRAUD OR DECEIT IN WHICH THE LOSS TO THE VICTIM OR VICTIMS EXCEEDS §10,000,' 8 U.S.C. 1101(a)(43)(M)(i) AND (U), WHERE PETITIONER STIPULATED FOR SENTENCING PURPOSES THAT THE VICTIM LOSS ASSOCIATED WITH HIS FRAUD OFFENSE EXCEEDED §100 MILLION, AND THE JUDGMENT OF CONVICTION AND RESTITUTION ORDER CALCULATED TOTAL VICTIM LOSS AS MORE THAN §680 MILLION." EXPEDITED BRIEFING SCHEDULE.

Question Presented:

Whether the penalty of life time banishment for conviction of an aggravated felony may be imposed upon a lawful permanent resident under Section 101(a)(43)(M)(i) of the Immigration & Nationality Act of 1952 as amended (the ''Act''), 8 U.S.C. § 1101(a)(43)(M)(i) when he was not convicted of the required loss? Whether the rule of lenity or narrow construction should be applied to resolve an ambiguity in a deportation statute created by both the dissenting opinion below and well-reasoned decisions from other Circuits including the Circuit where the alien's conviction occurred?

Question:

When a person is convicted of conspiracy to commit bank fraud, mail fraud, and wire fraud and held responsible for having caused more than $10,000 in damages, but the sum is not established by a jury, does this satisfy the requirements of the Immigration and Nationality Act in order to deport an alien for having committed an "offense that involves fraud or deceit in which the loss of victims exceeds $10,000?"

Holding: affirmed
Vote: 9-0
Read NIJHAWAN V. HOLDER opinion (PDF)

Other Resources for Nijhawan v. Holder:
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