Huyen Nguyen v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Huyen Thi Nguyen petitions for review of several decisions of the Board of Immigration Appeals that ordered Nguyen removed as a result of her conviction for transfer or unauthorized use of food stamps, which the BIA determined was an aggravated felony. Nguyen petitions for review of the aggravated felony determination, and alternatively, seeks review of the BIA’s denial of her application for withholding of removal. We dismiss the petition in part and remand to the BIA in part.

We dismiss the petition in part for lack of jurisdiction because Nguyen’s conviction for transfer or unauthorized use of food stamps under 7 U.S.C. § 2024 (b) was an offense involving fraud or deceit with a loss exceeding $10,000 and was thus an aggravated felony subjecting Nguyen to removal. 8 U.S.C. § 1101 (a)(43)(M)(i). Under the categorical approach, a conviction under § 2024(b) does not necessarily involve fraudulent or deceitful conduct. See Liparota v. United States, 471 U.S. 419, 434 , 105 S.Ct. 2084 , 85 L.Ed.2d 434 (1985) (noting that proof of a § 2024(b) violation does not require introduction of “any extraordinary evidence that would conclusively demonstrate petitioner’s…