Varughese v. Holder, No. 10-0467 - U.S. Second Circuit
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Varughese v. Holder, No. 10-0467

Petition for Review of Order of Removal Denied

In Varughese v. Holder, No. 10-0467, a petition for review of a final order of removal issued by the BIA, the court denied the petition where 1) Immigration and Nationality Act section 101(a)(43)(D), which defined an "aggravated felony" as a money laundering offense in which "the amount of the funds exceeded $10,000," 8 U.S.C. section 1101(a)(43)(D), captured only those violations of criminal statutes that use the specific word "funds"; and 2) because petitioner's money laundering conviction rendered him ineligible for admissibility to the U.S., he was similarly ineligible for adjustment of status.

 

As the court wrote:  "Petitioner Varughese Adackamangal Varughese seeks review of a final order of removal issued by the BIA, which affirmed the decision of the IJ finding Varughese removable as charged. In re Varughese, A 036 123 229 (B.I.A. Jan. 22, 2010). Specifically, the Board concluded that Varughese's conviction for money laundering, in violation of 18 U.S.C. § 1956(a)(3)(B), constitutes an "aggravated felony," rendering him removable pursuant to § 101(a)(43)(D) of the Immigration and Nationality Act ("INA")."

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