Home -> Law Blog Directory -> Public Defense Blogs -> Fifth Circuit Blog

Public Defense

: Fifth Circuit Blog

Taylor/Shepard Categorical Approach Not Applicable to All Aggravated Felonies, Some Require "Circumstance-Specific" Approach

Nijhawan v. Holder, No. 08-495 (U.S. June 15, 2009)Remember that circuit split over whether the Taylor/Shepard categorical approach applies to 8 U.S.C. § 1101(a)(43)(M)(i), which includes as an "aggravated felony" "an offense that . . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000[?]" The split is no more, having been resolved by the Supreme Court in

Full post as published by Fifth Circuit Blog on June 17, 2009 (boomark / email).