LI v. ASHCROFT

No. 02-72597.

389 F.3d 892 (2004)

Chung Ping LI, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2004.


Attorney(s) appearing for the Case

Zachary Nightingale, Megan Ferstenfeld-Torres, Van Der Hout, Brigagliano and Nightingale, LLP, San Francisco, CA, for the petitioner.

Jennifer Paisner, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.

Before: WALLACE, KOZINSKI, and GRABER, Circuit Judges.


GRABER, Circuit Judge:

We must decide whether an alien defendant is removable for conviction of 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), even though monetary loss is not an element of the crimes of which he was convicted. Applying the "modified categorical approach," we hold that the requisite amount of loss is not demonstrated...

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