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Immigration Law

CA2 on "Loss to the Victim" - Rampersaud v. Barr

Rampersaud v. Barr

"Petitioner Charran Daneshwar Rampersaud, a noncitizen resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) finding him removable as an aggravated felon for having been convicted of fraud involving a loss to the victims exceeding $10,000. See 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1101(a)(43)(M)(i). The Immigration Judge found that Rampersaud met the $10,000 threshold on the ground that he was ordered to pay more than $77,000 in restitution from his convictions for a single count of insurance fraud and a single count of grand larceny, and the BIA affirmed. However, because the BIA failed to adequately consider whether more than $10,000 of the restitution represented loss to the victims of the insurance fraud as distinct from the grand larceny, we GRANT the petition for review, VACATE the decision of the BIA, and REMAND for further proceedings consistent with this opinion."

[Hats off to H. Raymond "Ray" Fasano!]