Kharana

I. Background

In August 2001, Petitioner Bhupinder Kharana (“Petitioner” or “Kharana”), a lawful permanent resident of the United States, was charged in a state court with four counts of obtaining money by false pretenses in violation of California Penal Code § 532. The felony complaint alleged that Petitioner, by “false and fraudulent representation[s] and pretense[s], defraud[ed]” four victims of $11,000, $23,000, $17,000, and $26,250, respectively. Petitioner pled nolo con- tendere to all four counts. At some point thereafter, Petitioner repaid the stolen money.2 1 Statutory references are to the INA unless otherwise indicated. 2 The parties dispute whether Kharana returned the money before or after sentencing by the California court and whether she made “restitu- KHARANA v. GONZALES 6375 In 2003, the Department of Homeland Security (“DHS”) charged Kharana with removability under INA § 237(a)(2) (A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii). Specifically, DHS alleged Kharana had been convicted, after admission to the United States, of an aggravated felony within the meaning of § 101(a)(43)(M)(i). Arguing that her post-plea payment of restitution…