Rampersaud v. Barr, No. 19-825 (2d Cir. 2020)
Annotate this Case
The Second Circuit granted a petition for review of the BIA's decision finding petitioner removable as an aggravated felon for having been convicted of fraud involving a loss to the victims exceeding $10,000 pursuant to 8 U.S.C. 1227(a)(2)(A)(iii), 1101(a)(43)(M)(i). Defendant was convicted of insurance fraud and grand larceny, and was ordered to pay $77,199 in restitution without any indication as to whether the restitution order was for the benefit of victims of the insurance fraud, the grand larceny, or both.
The court held that the BIA relied on inadequate analysis in concluding that the $77,199 restitution order, on its own, showed that petitioner's insurance fraud caused more than $10,000 in victim losses. In this case, where petitioner was convicted of two separate crimes and ordered to pay an overarching restitution amount without indication of what part, if any, was for the insurance fraud, the court held that the restitution order, without more, is insufficient to demonstrate that more than $10,000 in losses were caused by the insurance fraud count as distinct from the larceny count. Furthermore, the BIA gave no explanation why it concluded that more than $10,000 of the restitution award was attributable to losses caused by the insurance fraud. Accordingly, the court vacated the BIA's decision and remanded for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.