False financial statements in writing
Aggravated Felony (AF)
AF if more loss to victim’s exceeds $10k. See 487 and discussion at 470.
Crime Involving Moral Turpitude (CIMT)
Defenders assume CIMT per Ninth Circuit. Immigration advocates, see Advice.
Other Removal Grounds
No other removal ground.
Advice and Comments
CIMT. Ninth Cir held this is a CIMT as it amounts to fraud, so defenders must assume this is the case. Imm advocates may explore arguments against this, which were brought up in the panel’s dissent.1Although the statute does not mention fraud, the Ninth Circuit held that because 532a(a)(1) requires a knowing false representation in order to gain something of value, fraud in fact is an element. Tijani v. Holder, 628 F.3d 1071, 1078 (9th Cir. 2010), distinguishing § 530.5(a), which does not have an element of fraud, from § 532(a)(1), which it found to have such an element.
Immigration advocates who want to contest this can see Judge Tashima’s partial concurrence and dissent and consider whether it is bolstered by subsequent Supreme Court rulings on the categorical approach. As always, while making an argument not guaranteed to win, advocates should pursue other strategies including post-conviction relief at the same time.