Legal Opinion
Chung Ping Li v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided November 19, 2004No. 02-72597PublishedCited by 97 opinions
1Opinion of the Court
GRABER, Circuit Judge:
We must decide whether an alien defendant is removable for conviction of an offense that “involves fraud or deceit in *894which the loss to the victim or victims exceeds $10,000,” 8 U.S.C. § 1101(a)(43)(M)(i), even though monetary loss is not an element of the crimes of which he was convicted. Applying the “modified categorical approach,” we hold that the requisite amount of loss is not demonstrated unequivocally by the charging document and the judgment of conviction. Therefore, we must grant the petition for review.
FACTUAL AND PROCEDURAL BACKGROUND
Petitioner Chung Ping Li…
2Cases cited18 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Stirone v. United StatesSupreme Court of the United States · 1960
- Lucio Ricardo Alvarez-Santos, AKA Luciano Ricardo Alvarez AKA Lucio Ricardo Alvarez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
- Sareang Ye v. Immigration and Naturalization Service and United States Attorney General Janet RenoCourt of Appeals for the Ninth Circuit · 2000
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3Cited by97 opinions
- Navarro-Lopez v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
- Estrada-Espinoza v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
- United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
- Conteh v. GonzalesCourt of Appeals for the First Circuit · 2006
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