PATEL v. MUKASEY

No. 06-61056.

526 F.3d 800 (2008)

Tarun Hasmukhlai PATEL, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

April 29, 2008.


Attorney(s) appearing for the Case

Paul A. Esquivel, San Antonio, TX, for Patel.

Holly Michele Smith, Thomas Ward Hussey, Dir., Linda Susan Wendtland, Claire L. Workman, U.S. Dept. of Justice, OIL, Washington, DC, Kenneth L. Pasquarell, Acting Dist., Dir., U.S. INS, San Antonio, TX, for Mukasey.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

This case involves an issue of first impression: whether a misprision of a felony offense involving a loss to the victim that exceeds $10,000 constitutes an "aggravated felony" as defined in 8 U.S.C. § 1101(a)(43)(M)(i). For the following reasons, we hold that it does. We, therefore, deny the petition for review.

I. BACKGROUND FACTS

Tarun Hasmukhlai Patel, a native and citizen of India, entered the United States on October...

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