Nijhawan v. Holder

557 U.S. 29 (2009)

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Nature of the Case

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Facts

P immigrated to the United States in 1985. In 2002 he was indicted for conspiring to commit mail fraud, wire fraud, bank fraud, and money laundering. Because none of these statutes requires a finding of any particular amount of victim loss, the jury made no finding about the amount of the loss. At sentencing, P stipulated that the loss exceeded $100 million. The court then imposed a sentence of 41 months in prison and required restitution of $683 million. In 2005 D claimed that P had been convicted of an 'aggravated felony.' The Immigration Judge found that P's conviction was for crimes of fraud and deceit; that the sentencing stipulation and restitution order showed that the victims' loss exceeded $10,000; and that P's conviction consequently fell within the immigration statute's 'aggravated felony' definition. The Board of Immigration Appeals affirmed. The Third Circuit held that the statutes of conviction were silent as to amounts, but, in its view, the determination of loss amounts for 'aggravated felony' purposes 'requires an inquiry into the underlying facts of the case.' Various Courts of Appeals have come to different conclusions as to whether the $10,000 threshold refers to an element of a fraud statute or the factual circumstances surrounding the commission of the crime on a specific occasion. P appealed and the Supreme Court granted certiorari.