PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________ No. 16-4316 __________ FAN WANG, Petitioner v. THE ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent __________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No.: A088-152-814) Immigration Judge: Walter A. Durling __________ Argued September 14, 2017 BEFORE: CHAGARES, JORDAN, and NYGAARD, Circuit Judges (Opinion Filed: August 1, 2018) Thomas E. Moseley [Argued] One Gateway Center, Suite 2600 Newark, NJ 07102 Counsel for Petitioner Scott M. Marconda United States Department of Justice Office of Immigration Litigation Room 2316 450 5th Street, N.W. Washington, DC 20001 Eric W. Marsteller Keith I. McManus [Argued] Chad A. Readler United States Department of Justice Office of Immigration Litigation P.O. Box 878 Ben Franklin Station Washington, DC 20044 Counsel for Respondent __________ OPINION OF THE COURT __________ NYGAARD, Circuit Judge. I. 2 Fan Wang, a citizen of the People’s Republic of China, obtained lawful permanent resident status in the United States on April 29, 2010, and worked as a trading assistant in a financial services firm. In 2011, without authorization, he purchased oil futures contracts using the firm’s trading account and transferred those contracts between firm accounts. In company records, Wang marked these contracts as closed (sold) when they were, in fact, still open. After the firm discovered the transactions, the Federal Bureau of Investigation arrested Wang. The one-count indictment alleged that, upon discovery of a loss of $2.2 million, the firm sold the contracts. Wang pleaded guilty to violating the Commodity Exchange Act (CEA) by Making a False Report in Connection with a Commodities Transaction in violation of 7 U.S.C. § 6b(a)(1)(B) and § 13(a)(2).1 The court sentenced Wang to three months in prison, with three years supervised release, and ordered him to pay $2.2 million in restitution. The Attorney General initiated removal proceedings on March 19, 2015, charging Wang with removability by classifying his conviction as an aggravated felony under the Immigration and Nationality Act (INA) section 1 7 U.S.C. § 13(a): “It shall be a felony punishable by a fine of not more than $1,000,000 or imprisonment for not more than 10 years, or both, together with the costs of prosecution. . . (2). . . knowingly to violate the provisions of section 6, section 6b. . . .” The focus of the analysis here will upon Section 6b(a)(1)(B) (Commodity Exchange Act § 4b). 3 237(a)(2)(A)(iii). 8 U.S.C. § 1227(a)(2)(A)(iii).2 The Immigration Judge ordered Wang removed on June 4, 2015, and the Board of Immigration Appeals affirmed. Wang now petitions us to review the Board’s order, challenging its ruling that the District Court convicted him of an aggravated felony. For the reasons that follow we will grant his petition and remand the case to the Board. II. A. Although we have jurisdiction to review final orders of removal under 8 U.S.C. § 1252(a), “no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of ...
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