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CA9 on GMC, Fraud: Wang v. Rodriguez

July 29, 2016 (1 min read)

Wang v. Rodriguez, July 27, 2016- "Lifeng Wang, a lawful permanent resident, was convicted of one count of trafficking in counterfeit goods in violation of 18 U.S.C. § 2320(a). Based on that conviction, U.S. Citizenship and Immigration Services (“USCIS”) denied her application for naturalization, concluding that Wang had been convicted of an offense “involv[ing] fraud or deceit” with a loss to the victim of over $10,000, an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i). On de novo review, the district court agreed and concluded that Wang was therefore ineligible to become a naturalized citizen. We hold that a conviction under 18 U.S.C. § 2320 does not necessarily involve fraud or deceit because a defendant can be convicted of trafficking in counterfeit goods for conduct that is merely likely to cause “mistake” or “confusion.” Wang’s conviction was therefore not an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i). We reverse and remand to the district court for further proceedings."

[Hats off to Frank M. Tse!]

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