Maria Arce Fuentes v. Loretta E. Lynch

Maria Arce Fuentes challenges the Board of Immigration Appeals’ (“BIA”) finding that she was removable on the ground that she was convicted of an aggravated felony. Arce’s conviction for conspiracy to commit money laundering in violation of 18 U.S.C. § 1956 (h) qualifies as an aggravated felony “if the amount of the funds exceeded $10,000.” 8 U.S.C. § 1101 (a)(43)(D). Following the Supreme Court’s reasoning in Nijhawan v. Holder, 557 U.S. 29 , 129 S.Ct. 2294 , 174 L.Ed.2d 22 (2009), we conclude that the BIA correctly found that the $10,000 monetary threshold in 8 U.S.C. § 1101 (a)(43)(D) refers to the “specific circumstances” of a money laundering offense as opposed to an element of a generic crime. Thus, the BIA was not limited to the categorical approach of examining the language of the statute of conviction, and instead properly relied on the presentence report (“PSR”) to determine whether the $10,000 threshold amount was met. We deny the petition for review.

I

Arce, a native and citizen of Mexico, became a lawful permanent resident on December 1, 1990. In 2006, Arce was indicted in the United States District Court for the District of Puerto Rico. Count one charged…