NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 19-1869 ______________ GIUSEPPE GIUDICE, aka Joe Giudice, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ On Petition For Review of an Order of the Board of Immigration Appeals (Agency No. A031-105-490) Immigration Judge: John P. Ellington _____________ Submitted Under Third Circuit L.A.R. 34.1(a) November 21, 2019 ______________ Before: CHAGARES, MATEY, and FUENTES, Circuit Judges (Opinion filed: April 29, 2020) ______________ OPINION ______________ This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. FUENTES, Circuit Judge. Petitioner, Giuseppe Giudice, also known as Joe Giudice, seeks review of an order of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) decision denying his motion to terminate removal proceedings. For the reasons that follow, we will deny the petition for review. I. Giudice is a citizen of Italy who was admitted to the United States as a lawful permanent resident in 1971. After his admission, Giudice married a United States citizen and raised four children in the United States. Giudice and his wife engaged in multiple schemes to obtain fraudulent mortgages and made fraudulent representations in bankruptcy proceedings. Among these schemes, in December 2006 and February 2007, Giudice fraudulently obtained two home equity lines of credit from Wachovia Bank. For his crimes, Giudice pled guilty to conspiracy to commit mail and wire fraud in violation of 18 U.S.C. § 1349, three counts of bankruptcy fraud under 18 U.S.C. §§ 2, 152, and willful failure to file a federal tax return in violation of 26 U.S.C. § 7203. In accordance with his plea agreement, Giudice stipulated “the loss resulting from [his] conduct was more than $400,000 but less than $1,000,000.”1 The presentence investigation report stated “[i]n the mail and wire fraud conspiracy, the actual loss on the two charged off Wachovia loans . . . totals $414,588.90” and that “Wells Fargo Bank (formerly Wachovia) incurred actual losses totaling $414,588.90.”2 Ultimately, Giudice 1 A.R. 501. 2 A.R. 604, 606. 2 was sentenced to 41 months’ imprisonment, ordered to pay a fine of $10,000, and ordered to make restitution in the amount of $414,588.90.3 While Giudice was serving his sentence, the Department of Homeland Security (“DHS”) initiated removal proceedings. DHS initially charged Giudice with inadmissibility under the Immigration and Nationality Act (“INA”) Section 212(a)(2)(A)(i)(I), 8 U.S.C. § 1182(a)(2)(A)(i)(I), as an alien convicted of a crime involving moral turpitude, and INA Section 212(a)(2)(B), 8 U.S.C. § 1182(a)(2)(B), as an alien convicted of two or more offenses for which the aggregate sentences of confinement were five years or more. Giudice then contested the basis of his removal proceedings arguing that he could not be charged with inadmissibility because he was not an arriving alien under the Act. Accepting Giudice’s argument, DHS withdrew the inadmissibility charges under INA Section 212(a)(2), 8 U.S.C. § 1182(a)(2), and instead charged him as removable under INA Section 237(a)(2)(A)(ii), 8 U.S.C. § 1227(a)(2)(A)(ii), as an alien ...
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