De Medeiros v. Holder

MEMORANDUM

Julian Gago De Medeiros (De Medeiros), a native and citizen of Portugal, petitions for review of the Board of Immigration Appeals (BIA’s) dismissal of an appeal challenging an Immigration Judge’s (IJ’s) decision finding him removable, and denying his motion to reconsider.

De Medeiros was convicted of seventy-two felony counts of making false statements to obtain disability insurance benefits, in violation of California Unemployment Insurance Code (CUIC) § 2101(a), and submitting a false medical certification to obtain disability insurance, in violation of CUIC § 2116. A mandatory two-year sentencing enhancement pursuant to California Penal Code (CPC) § 12022.6(b) was based on the state court’s determination that De Medeiros’ offenses were intentional takings of property that caused a resulting loss of more than $150,000 to the victim. The BIA determined that the convictions rendered him removable under 8 U.S.C. § 1101 (a)(43)(M)(i), as an alien convicted of an aggravated felony for offenses that involve fraud or deceit in which the loss to the victim or victims exceeded $10,000.

1. The BIA did not err when it determined that it lacked jurisdiction to collaterally…