Scully

MEMORANDUM **

Scully seeks review of the Board of Immigration Appeals’ (Board) decision affirming an Immigration Judge’s (IJ) final removal order. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Congress largely eliminated our jurisdiction to review a final order of removal against an alien who is removable by reason of having committed an aggravated felony. See 8 U.S.C. § 1252 (a)(2)(C); 8 U.S.C. § 1227 (a)(2)(A)(iii) (aggravated felonies). If the petitioner has committed an aggravated felony, we nevertheless retain jurisdiction over “constitutional claims or questions of law” raised in the petition for review. 8 U.S.C. § 1252 (a)(2)(D).

Scully argues that her conviction did not constitute an aggravated felony under 8 U.S.C. § 1101 (a)(43)(M)(i), because that section describes a criminal offense that “involves fraud or deceit in which the loss to the victim or victims exceeds $10,000”. 8 U.S.C. § 1101 (a)(43)(M)(i). Scully pleaded guilty to visa fraud in violation of 18 U.S.C. § 1546 and conspiracy to commit visa fraud in violation of 18 U.S.C. § 371 . She admits the convictions, but argues they nevertheless did not fall under section 1101(a)(43)(M)(i).…