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221739P.pdf 08/21/2023 Chantelle Robbertse v. Merrick B. Garland
U.S. Court of Appeals Case No: 22-1739
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Melloy, Author, with Grasz and Kobes, Circuit Judges]
Immigration. Petitioner, a citizen of Africa who became a lawful permanent
resident of the United States in 2012, pleaded guilty to aggravated
identity theft predicated on wire fraud; the Board of Immigrations appeals
did not err in concluding that petitioner's conviction was a qualifying
aggravated felony under 8 U.S.C. sec. 1101(a)(43)(M)(i), making her
removable pursuant to sec. 1227(a)(2)(A)(iii); the Board was not limited
to considering only the elements of petitioner's offense of conviction;
under the applicable circumstances-specific approach, petitioner's
conviction qualified as an aggravated felony given her express admission
that she had aided and abetted a scheme to defraud a victim of more than
$475,000; the Board did not apply the wrong legal standard in finding
petitioner ineligible for withholding of removal nor did it err in denying
CAT relief.