Sixth Circuit applies Nijhawan to Aggravated Felony fraud charge

Ibe v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0781n-06.pdf (unpublished, December 22, 2010).

The LPR was convicted of fraud.  The indictment placed the loss at $45,500 and the restitution was $29,000.  The Court found this to clearly be above the $10,000 threshold to trigger the aggravated felony bar to LPR cancellation of removal.  The Court applied the Supreme Court's circumstance-specific test, which was announced in Nijhawan.

The LPR did not present any evidence or real argument that the amount of loss was actually less than $10,000, so the Court did not remand for further development of the record.