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Keywords

plaintifftrustfelonycitizenshipnaturalization
plaintifftrustfelonycitizenshipnaturalization

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Ljutica v. Holder

Facts

Plaintiff is a citizen of Montenegro who entered the U.S. as a visitor in 1987 and became a permanent resident in 1988. In 1993, he was convicted of attempting to execute a fraudulent scheme to obtain $475,025.25 from Security Pacific National Trust Company. Although the scheme was detected before he could withdraw the money, he was sentenced to 16 months in prison. In 2005, he applied for U.S. citizenship, but his application was denied based on his aggravated felony conviction.

Plaintiff is a citizen of Montenegro who entered the U.S. as a visitor in 1987 and became a permanent resident in 1988. In 1993, he was convicted of attempting to execute a fraudulent scheme to obtain $475,025.25 from Security Pacific National Trust Company. Although the scheme was detected before he could withdraw the money, he was sentenced to 16 months in prison. In 2005, he applied for U.S. citizenship, but his application was denied based on his aggravated felony conviction.

Issue

Whether the alien's conviction of attempted bank fraud under 18 U.S.C. 1344 qualifies as an aggravated felony under 8 U.S.C. 1101(a)(43)(M)(i) and whether this conviction precludes a finding of good moral character for naturalization.

Whether the alien's conviction of attempted bank fraud under 18 U.S.C. 1344 qualifies as an aggravated felony under 8 U.S.C. 1101(a)(43)(M)(i) and whether this conviction precludes a finding of good moral character for naturalization.

Rule

Under 8 U.S.C. 1101(f)(8), a person convicted of an aggravated felony is statutorily precluded from establishing good moral character required for naturalization. An aggravated felony includes an attempt to commit a crime involving fraud or deceit that results in a loss exceeding $10,000.

Under 8 U.S.C. 1101(f)(8), a person convicted of an aggravated felony is statutorily precluded from establishing good moral character required for naturalization. An aggravated felony includes an attempt to commit a crime involving fraud or deceit that results in a loss exceeding $10,000.

Analysis

The court determined that the alien's conviction for attempted bank fraud fell under the definition of aggravated felony as it involved an attempt to defraud a bank, which is covered by 8 U.S.C. 1101(a)(43)(U). The intended loss of over $10,000 was sufficient to meet the criteria for an aggravated felony, regardless of the actual loss incurred. The court rejected the alien's arguments that his conviction did not qualify as an aggravated felony.

The court determined that the alien's conviction for attempted bank fraud fell under the definition of aggravated felony as it involved an attempt to defraud a bank, which is covered by 8 U.S.C. 1101(a)(43)(U). The intended loss of over $10,000 was sufficient to meet the criteria for an aggravated felony, regardless of the actual loss incurred. The court rejected the alien's arguments that his conviction did not qualify as an aggravated felony.

Conclusion

The judgment of the district court was affirmed, confirming that the alien's conviction for attempted bank fraud constituted an aggravated felony, barring him from naturalization.

The judgment of the district court was affirmed, confirming that the alien's conviction for attempted bank fraud constituted an aggravated felony, barring him from naturalization.

Who won?

The Government prevailed in the case because the court upheld the denial of the alien's citizenship application based on his aggravated felony conviction.

The Government prevailed in the case because the court upheld the denial of the alien's citizenship application based on his aggravated felony conviction.

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