Background
Andre Walters, a native and citizen of Jamaica, sought review of a Board of Immigration Appeals decision upholding an immigration judge’s order of removal. The removal was based on Walters’ conviction of an aggravated felony under Section twelve hundred twenty-seven of Title eight of the United States Code. Walters argued that his four counts of mail fraud did not constitute an aggravated felony because the specific loss amount for those counts was only three thousand one hundred forty-five dollars.
The court’s reasoning
The court reviewed the question of law de novo and determined that the loss amount for the aggravated felony determination should be based on the total loss from the entire fraudulent scheme, not just the specific instances of conviction. The petitioner’s indictment alleged a scheme resulting in a loss of over five million dollars, and his sentence included restitution of over five million dollars for which he was jointly and severally liable. The court found clear and convincing evidence that the total loss of five million two hundred sixty-three thousand nine hundred thirty-four dollars was the correct amount for purposes of the statute.
What it means going forward
The decision affirms that loss amounts for aggravated felony determinations in mail fraud cases may be calculated based on the total loss from the entire fraudulent scheme, including joint and several liability for restitution.