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Keywords

statuteappealfelonyprobationrestitutionpiracy
statuteappealfelonyprobationrestitutionpiracy

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Levesque v. Lynch

Facts

Juliet Rose McKenzie Levesque, a lawful permanent resident, pled guilty in 2011 to conspiracy to commit wire fraud, bank fraud, and identity fraud under 18 U.S.C. 371. The federal district court ordered her to pay restitution of $29,444.22 and imposed a five-year probation term without any incarcerative sentence. Following this conviction, the Department of Homeland Security initiated removal proceedings against her, which were upheld by an Immigration Judge and the Board of Immigration Appeals.

Juliet Rose McKenzie Levesque, a lawful permanent resident, pled guilty in 2011 to conspiracy to commit wire fraud, bank fraud, and identity fraud under 18 U.S.C. 371. The federal district court ordered her to pay restitution of $29,444.22 and imposed a five-year probation term without any incarcerative sentence. Following this conviction, the Department of Homeland Security initiated removal proceedings against her, which were upheld by an Immigration Judge and the Board of Immigration Appeals.

Issue

Whether an individual must serve a 'term of imprisonment' to have committed an 'aggravated felony' as defined in 8 U.S.C. 1101(a)(43).

Whether an individual must serve a 'term of imprisonment' to have committed an 'aggravated felony' as defined in 8 U.S.C. 1101(a)(43).

Rule

A federal or state conviction can constitute an 'aggravated felony' under 8 U.S.C. 1101(a)(43) even if the individual did not serve a term of imprisonment.

A federal or state conviction can constitute an 'aggravated felony' under 8 U.S.C. 1101(a)(43) even if the individual did not serve a term of imprisonment.

Analysis

The court analyzed the statutory language of 8 U.S.C. 1101(a)(43) and determined that the phrase regarding the term of imprisonment applies only to offenses in violation of foreign law, not to federal or state offenses. The court emphasized that the structure of the statute indicates two separate clauses, one for federal/state offenses and another for foreign offenses, thus supporting the conclusion that a conviction can be classified as an 'aggravated felony' without an accompanying term of imprisonment.

The court analyzed the statutory language of 8 U.S.C. 1101(a)(43) and determined that the phrase regarding the term of imprisonment applies only to offenses in violation of foreign law, not to federal or state offenses. The court emphasized that the structure of the statute indicates two separate clauses, one for federal/state offenses and another for foreign offenses, thus supporting the conclusion that a conviction can be classified as an 'aggravated felony' without an accompanying term of imprisonment.

Conclusion

The court denied the petition for review, affirming that Levesque's conviction constituted an 'aggravated felony' under the relevant statute.

The court denied the petition for review, affirming that Levesque's conviction constituted an 'aggravated felony' under the relevant statute.

Who won?

The government prevailed in the case, as the court upheld the Board of Immigration Appeals' decision, affirming that Levesque's conviction qualified as an 'aggravated felony' despite the absence of a prison sentence.

The government prevailed in the case, as the court upheld the Board of Immigration Appeals' decision, affirming that Levesque's conviction qualified as an 'aggravated felony' despite the absence of a prison sentence.

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