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• JULIUS OBASOHAN v. U.S. ATTY. GEN.
  No. 0513332p - 02/23/07
• # JULIUS OBASOHAN v. U.S. ATTY. GEN.
  No. 0513332p - 02/23/07
  Immigration Judge’s (“IJ”) denial of Obasohan’s motion for reconsideration. The
  BIA affirmed the IJ’s determination that Obasohan’s prior conviction qualified as
  an “aggravated felony” under Section 101(a)(43)(M)(i) of the Immigration and
  Nationality Act (“INA”) (codified as 8 U.S.C. § 1101(a)(43)(M)(i)) because it
  involved “fraud or deceit in which the loss to the victim or victims exceed[ed]
  $10,000.” We conclude that the IJ and BIA erred by relying on conduct that was
  not charged, proven or admitted to determine that Obasohan had been convicted of
  an “aggravated felony.” The petition is therefore GRANTED.