Lifeng Wang v. Rodriquez

After petitioner, a lawful permanent resident, was convicted of one count of trafficking in counterfeit goods in violation of 18 U.S.C. 2320(a), USCIS denied petitioner her application for naturalization. USCIS concluded that petitioner had been convicted of an offense involving 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). The court held that a conviction under section 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.” Therefore, petitioner's conviction was not an aggravated felony under section 1101(a)(43)(M)(i). The court reversed and remanded for further proceedings. View "Lifeng Wang v. Rodriquez" on Justia Law