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Valansi v. Ashcroft

Where permanent resident pled guilty to embezzling money from her employer and where INS subsequently entered an order of removal against her, order vacated; government failed to establish that petitioner was convicted of an aggravated felony, since specific intent to defraud was not established.

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On Petition For Review of an Order of the Board of Immigration Appeals United States Immigration and Naturalization Service

Argued: April 6, 2001

Petitioner Elanith Valansi seeks judicial review of a final order of removal entered by the Board of Immigration Appeals (the “BIA” or “Board”) for the United States Immigration and Naturalization Service (the “INS” or “Government”). The Board ruled that the petitioner’s conviction for embezzling, in violation of 18 U.S.C.S 656, in excess of $400,000 in cash and checks from her employer (the First Union National Bank) was an aggravated felony as defined in section 101(a)(43)(M)(i) of the Immigration and Nationality Act of 1952 (the “INA” or “Act”) (codified as amended at 8 U.S.C. S 1101(a)(43)(M)(i)). It therefore ordered her removed to Israel pursuant to 8 U.S.C. S 1227(a)(2)(A)(iii). Valansi’s petition asks us to vacate the Board’s final order of removal because her conviction under 18 U.S.C. S 656 does not qualify as an aggravated felony authorizing her removal from the United States. For the reasons explained below, we grant the petition for review and vacate the Board’s order.

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