Lifeng Wang v. Leon Rodriguez

Lifeng Wang, a lawful permanent resident, was convicted of one count of trafficking in counterfeit goods in violation of 18 U.S.C. § 2320 (a). Based on that conviction, U.S. Citizenship and Immigration Services (“USCIS”) denied her application for naturalization, concluding that Wang had been convicted of an offense “involving] fraud or deceit” with a loss to the victim of over $10,000, an aggravated felony under 8 U.S.C. § 1101 (a)(43)(M)(I). On de novo review, the district court agreed and concluded that Wang was therefore ineligible to become a naturalized citizen.

We hold that a conviction under 18 U.S.C. § 2320 does not necessarily involve fraud or deceit because a defendant can be convicted of trafficking in counterfeit goods for conduct that is merely likely to cause “mistake” or “confusion.” Wang’s conviction was therefore not an aggravated felony under 8 U.S.C. § 1101 (a)(43)(M)(I). We reverse and remand to the district court for further proceedings.

I. Background and Procedural History

Lifeng Wang has been a lawful permanent resident of the United States since February 28, 2001. On September 26, 2005, she pled guilty in federal court to trafficking in…