Nanje v. Chaves, U.S. Court of Appeals for the First Circuit, No. 15-2254
In this matter pending in the First Circuit Court of Appeals, Judge Dougan of the Boston Municipal Court found that the amount of loss tied to a particular fraud conviction was no more than $6000. Despite this factual finding by the trial court, immigration authorities and subsequently the federal district court concluded that the loss was in fact greater than $10,000 and as a consequence the offense constituted an aggravated felony. The federal district court therefore affirmed the denial of the plaintiff’s application for U.S. citizenship, because an aggravated felony conviction barred the plaintiff from citizenship (immigration law permits an applicant for citizenship to appeal a denial to federal district court). It also makes him subject to virtually certain removal.
An amicus brief will address the question of whether immigration authorities (and reviewing federal courts) may ignore a factual finding made by a trial judge in a criminal matter in order to deny a non-citizen an immigration benefit or order him removed.