18‐14 Barikyan v. Barr United States Court of Appeals for the Second Circuit AUGUST TERM 2018 NO. 18‐14‐CV ALEKSANDR EDUARDOVICH BARIKYAN, Petitioner, v. WILLIAM BARR, UNITED STATES ATTORNEY GENERAL, Respondent.1 ARGUED: DECEMBER 12, 2018 DECIDED: MARCH 4, 2019 Before: JACOBS, CALABRESI, Circuit Judges; RAKOFF*, District Judge. Petitioner Aleksandr Eduardovich Barikyan, a native and citizen of Russia, was convicted of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), and charged as removable by the Department of Homeland Security as an aggravated felon under § 1101(a)(43)(D). He seeks review of an order of the Board of Immigration Appeals affirming a decision of an Immigration Judge ordering his removal. He argues (i) that conviction for conspiracy to commit money laundering under § 1956(h) is not defined as an aggravated felony under 8 U.S.C. § 1101(a)(43)(D), and (ii) that the Government 1 Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General William Barr is automatically substituted for former Attorney General Jefferson B. Sessions III, as Respondent. *Judge Jed S. Rakoff, of the United States District Court for the Southern District of New York, sitting by designation. did not sustain its burden of showing by clear and convincing evidence that he laundered more than $10,000, as required for his removal. We deny the petition for review. BENJAMIN R. WINOGRAD, IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, ALEXANDRIA, VA, FOR THE PETITIONER. JOSEPH H. HUNT, ASSISTANT ATTORNEY GENERAL; ANTHONY C. PAYNE, ASSISTANT DIRECTOR, OFFICE OF IMMIGRATION LITIGATION; LIZA S. MURCIA, ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, WASHINGTON, D.C., FOR THE RESPONDENT. DENNIS JACOBS, Circuit Judge: Petitioner Aleksandr Eduardovich Barikyan, a native and citizen of Russia, petitions for review of a 2017 order of the Board of Immigration (the “BIA”) affirming a 2016 decision of an Immigration Judge (the “IJ”) ordering his removal. Barikyan entered the United States on a temporary visa in December 1996, and became a lawful permanent resident in December 2008. In February 2016, Barikyan was convicted, pursuant to a guilty plea, of conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h). He was sentenced to three years’ probation, and ordered to forfeit $120,000. Based on this conviction, the Department of Homeland Security (“DHS”) charged Barikyan as an aggravated felon under 8 U.S.C. § 1101(a)(43)(D), and placed him in removal proceedings in July 2016. On December 26, 2017, the IJ found Barikyan removable as an aggravated felon. The BIA affirmed the IJ’s removal order. Barikyan timely petitioned this Court for review. On appeal, he argues (i) that his conviction for conspiracy to commit money laundering under § 1956(h) is not an aggravated felony under 8 U.S.C. § 1101(a)(43)(D), and (ii) that the Government did not show by clear and convincing evidence that he laundered more than $10,000, as required for his removal. For the following reasons, the 2 petition for review is denied. I. We review the IJ’s decision as supplemented by the BIA. See Wala v. Mukasey, 511 F.3d 102, 105 (2d Cir. 2007). Our review ...
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