Levesque v. Holder, No. 14-2251 (1st Cir. 2015)
Annotate this CaseIn 2011, Petitioner pled guilty to conspiracy to commit wire fraud, bank fraud, and identity fraud. The federal district court ordered Petitioner to pay restitution and to serve a term of probation but did not impose any incarcerative sentence. As a result of this conviction, the Department of Homeland Security initiated removal proceedings against Petitioner. An Immigration Judge ordered Petitioner removed, and the Board of Immigration Appeals upheld that decision. At issue before the First Circuit was whether an individual must serve a “term of imprisonment” to have committed an “aggravated felony” as that term is defined in section 8 U.S.C. 1101(a)(43). the First Circuit denied Petitioner’s petition for review, holding that a federal or state conviction may constitute an “aggravated felony” under 8 U.S.C. 1101(a)(43) even when it is not accompanied by a term of imprisonment.
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