Fierarita

MEMORANDUM ***

Daniel Fierarita, a native and citizen of Romania, petitions for review of his final removal order under 8 U.S.C. § 1227 (a)(2)(A)(iii). We dismiss the petition.

Fierarita was admitted to the United States as a refugee in 1986 and thereafter adjusted his status to that of a lawful permanent resident. In 2003, the Immigration and Naturalization Service charged that Fierarita was removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) because he had been convicted, after admission into this country, of an aggravated felony as defined in 8 U.S.C. § 1101 (a)(43)(U). The Notice to Appear alleged that Fierarita had been convicted of conspiring to commit an offense that involved “fraud or deceit in which the loss to the victim or victims exceeds $10,000,” as described in 8 U.S.C. § 1101 (a)(43)(M)(i).

At the removal hearing, the government submitted a copy of a judgment showing that Fierarita had plead guilty to conspiracy, in violation of 18 U.S.C. § 1029 (b)(2). The Immigration Judge determined that Fierarita was removable because he had been convicted of an aggravated felony. Fierarita argued to the Board of Immigration Appeals, and argues in his petition to this court, that…