NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 20-3608 KASSEM MOHAMED HAFEED, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _ On Petition for Review of a Final Order Of the Board of Immigration Appeals (BIA-1: A038-623-792) Immigration Judge: Matthew H. Watters _ Submitted Under Third Circuit L.A.R. 34.1(a) March 2, 2022 Before: McKEE, AMBRO, and SMITH, Circuit Judges (Opinion filed: March 17, 2022) OPINION * AMBRO, Circuit Judge. Kassem Mohamed Hafeed, a citizen of Yemen, seeks review of a decision by the Board of Immigration Appeals (Board) affirming an immigration judge’s (IJ’s) finding * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. that Hafeed was removable. The Board concluded that his fraud conviction qualifies as an aggravated felony under the Immigration and Nationality Act (INA), thus making removal the result. See 8 U.S.C. § 1101(a)(43)(M) (defining offenses “involv[ing] fraud or deceit in which the loss to the victim or victims exceeds $10,000” as aggravated felonies); § 1227(a)(2)(A)(iii) (explaining that non-citizens convicted of an aggravated felony are deportable). Because we agree the Board’s findings of fact were supported by substantial evidence and sufficient to find Hafeed removable, we deny the petition for review. I. Hafeed has been a lawful permanent resident of the United States since 1986. In 2016, he was charged with Supplemental Nutrition Assistance Program (SNAP, colloquially called food stamps) fraud under 7 U.S.C. § 2024(b)(1) and wire fraud under 18 U.S.C. § 1343. Hafeed had been exchanging SNAP benefits for cash at less than their full value. Specifically, the indictment alleged that Hafeed had “received more than $1,532,642 in [electronic] deposits for food sales that never actually occurred or were substantially inflated.” A.R. at 351. It also identified a particular transaction in which Hafeed received $103.75 in benefits in exchange for a portion of their value in cash. Hafeed entered a guilty plea agreement with the Government on both counts. As part of his plea, he explained that he had received “between $550,000 and $3.5 million in [electronic] deposits for food sales that never actually occurred or were substantially inflated.” Id. at 368–69. He also agreed to forfeit $1,532,642. 2 In 2020, the Department of Homeland Security (DHS) began removal proceedings against Hafeed. It charged him with removability as a noncitizen convicted of an offense involving fraud or deceit in which the loss to the victim exceeded $10,000. See 8 U.S.C. § 1101(a)(43)(M). The Immigration Judge (IJ) denied Hafeed’s application for withholding of removal and asylum. He appealed to the Board of Immigration Appeals, which affirmed the IJ’s opinion. He then filed this petition for review. II. Hafeed raises three issues. First, he argues SNAP fraud does not categorically require “fraud or deceit” and thus is not an aggravated felony under the INA. See 8 U.S.C. § 1101(a)(43)(M). Second, he contends the Government did not show his fraud resulted in a loss greater than the $10,000 threshold for an aggravated felony …
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