July 20, 2009
On Monday, June 15, the Supreme Court announced its decision in Nijhawan v. Holder. In this case, the Supreme Court considered whether petitioner Nijhawan’s conviction for conspiracy to commit bank, mail, and wire fraud renders him deportable for having committed an offense that involves fraud in which the loss exceeds $10,000, given his stipulation that the loss greatly exceeded that amount, even though the jury did not have to find the value of the loss to convict him. In a unanimous decision delivered by Justice Breyer, the Court held that Nijhawan is deportable because the $10,000 threshold refers to the circumstances of the crime rather than an element of it, affirming the Third Circuit opinion below. John Shu, an attorney with Stradling Yocca Carlson & Rauth, discusses the decision.
Oral Argument - April 27, 2009:
Decision - June 15, 2009: