Litigation

SCotUS Says Jury Not Required for Deportation in Felonies Exceeding $10k

By Jason Barrett

The Supreme Court ruled today that a jury is not required to determine the victim’s financial losses in cases involving the deportation of aliens convicted of fraud.  Federal law mandates that a victim must suffer losses in excess of $10,000 in order for an alien convicted of fraud to be deportable.

The decision was unanimous in Nijhawan v. Holder, in which Manoj Nijhawan, convicted of fraud and money laundering, appealed the decision to deport him based on the fact that a jury had not determined the total financial value of the crimes he’d committed.

The victim’s financial loss has been and will continue to be determined by immigration officials as a result of the decision.

Full post as published by The Gavel on June 15, 2009 (boomark / email).