James v. Gonzales
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Petitioner appeals the Board of Immigration Appeals’ reversal of an Immigration Judge’s decision to terminate removal proceedings, contending that his conviction of aiding and abetting bank fraud was not an aggravated felony because it did not “involve” fraud or deceit and the demonstrated loss did not exceed $10,000. He also contends that the BIA may not enter an order of removal in the first instance, but must remand to the IJ. We dismiss in part and remand in part.
I
Etetim David James, a citizen and native of Nigeria, was admitted to the United States…
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