Mowlana v. Holder, No. 14-1320 (8th Cir. 2015)
Annotate this CaseMowlana, a native of Somalia, was admitted to the United States as a refugee in 2000 and became a lawful permanent resident in 2002. He was ordered removed from the U.S. after the Board of Immigration Appeals concluded that he had been convicted of an aggravated felony. The Board cited Mowlana’s prior conviction under 7 U.S.C. 2024(b), which forbids the knowing use, transfer, acquisition, alteration, or possession of benefits in a manner contrary to the statutes and regulations of the Supplemental Nutrition Assistance Program (food stamps). The Eighth Circuit dismissed his petition for review, agreeing that his offense was an aggravated felony, 8 U.S.C. 1227(a)(2)(A)(iii).
Court Description: Colloton, Author, with Riley, Chief Judge, and Beam, Circuit Judge] Petition for Review - Immigration. The BIA did not err in concluding that Petitioner's conviction under 7 U.S.C. Sec. 2024(b)(1) for knowing unauthorized use of food stamp (SNAP) benefits was for an offense that categorically involved deceit or fraud within the meaning of 8 U.S.C. Sec. 1101(a)(43)(M); as a result Petitioner was convicted of an aggravated felony and was subject to removal. Judge Beam, concurring.
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