"In sum, the Court concludes that a violation of [18 U.S.C.] § 1015(a) is not inherently fraudulent and does not include the element of materiality essential to perjury. As a result, the crime Li was convicted of committing is not categorically...
"Plaintiffs allege that Defendants misallocated immigrant visas to eligible applicants in the employment-based third preference category (EB-3) during the 2008 and 2009 fiscal years. Plaintiffs request that visa numbers be made available to them...
SC Docket No. 15-534
CA5 case below, USA v. Li, July 27, 2015 (unpub.)