Unreported / Non-Citable
Background
Andre Walters, a native and citizen of Jamaica, was ordered removed based on convictions for four counts of mail fraud. The immigration judge and Board of Immigration Appeals both found him removable under 8 U.S.C. § 1227(a)(2)(A)(iii) due to conviction of an aggravated felony.
Walters challenged whether his mail fraud convictions qualified as an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i), which requires a loss exceeding $10,000. He argued the four specific counts he was convicted on involved checks totaling only $3,145, falling short of that threshold. However, his indictment alleged he and co-defendants engaged in a broader scheme to defraud resulting in over $5,000,000 in losses, and his sentence imposed restitution of $5,263,934 for which he was jointly and severally liable.
The Court’s Holding
The Fifth Circuit affirmed the BIA’s decision and denied Walters’ petition for review. The court held that his mail fraud convictions do constitute an aggravated felony because the relevant loss amount is not limited to the individual checks involved in his four specific counts.
Instead, the court found clear and convincing evidence that the correct loss amount for purposes of the aggravated felony analysis is the total loss from the entire fraudulent scheme—$5,263,934. Because the mail fraud was committed as part of executing a larger scheme and Walters was held jointly and severally liable for the full scheme loss through his restitution order, the loss amount far exceeded the $10,000 threshold required for aggravated felony status.
Key Takeaways
- Mail fraud convictions can constitute aggravated felonies for immigration deportation purposes when the scheme loss exceeds $10,000.
- The relevant loss amount for aggravated felony determination is based on the entire fraudulent scheme, not just the specific counts for which an individual was convicted.
- Joint and several restitution liability can establish the loss amount for purposes of the aggravated felony analysis.
- When an individual’s specific criminal acts are part of a larger scheme, the totality of the scheme’s loss controls the immigration consequences.
Why It Matters
This decision clarifies that immigration courts must look beyond the face amount of individual charges to assess the true scope of fraudulent schemes when determining whether mail fraud constitutes an aggravated felony triggering mandatory deportation. The ruling protects the deportation consequences of immigration law from being circumvented through technical parsing of individual counts.
For aliens convicted of fraud, this decision demonstrates that participation in a larger scheme—even if charged on limited counts—exposes them to deportation if the scheme’s total loss exceeds the statutory threshold. Immigration practitioners should account for the entire scheme loss when evaluating clients’ deportability risks.