Singh v. Atty Gen. of the United States, No. 11-1988 (3d Cir. 2012)
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Singh, born in Jamaica, has been a lawful permanent resident of the U.S. since 1975, married a U.S. citizen and raised three children. In operating a construction firm that bid on public works projects as a Minority Business Enterprise, Singh accepted kickbacks for falsely certifying that his business was serving as a subcontractor on government projects when, in fact, another did the work. When the company filed for bankruptcy in 2005, the scheme came to light. Singh was charged with failing to disclose all of the company’s accounts receivable on the bankruptcy petition, 18 U.S.C. 152(3). Singh pled guilty and agreed to restitution in the amount of $54,418.08. He was sentenced to 10 months. DHS initiated removal proceedings, 8 U.S.C. 1227(a)(2)(A)(iii). The Immigration Judge entered an order of removal, which the BIA affirmed, finding that conviction under 152(3) categorically involves fraud and that the restitution order established that the offense caused loss to the trustee exceeding $10,000. The Third Circuit vacated, holding that the statute requires actual, not merely intended, loss. The court rejected an argument that 152(3) is a perjury offense that must meet the requirements for perjury-based aggravated felonies under 8 U.S.C 1101(a)(43)(S).
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