Case: 19-13643 Date Filed: 08/11/2020 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-13643 Non-Argument Calendar ________________________ Agency No. A047-031-175 ODELSON GEORGES, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (August 11, 2020) Before BRANCH, GRANT, and FAY, Circuit Judges. PER CURIAM: Case: 19-13643 Date Filed: 08/11/2020 Page: 2 of 7 Odelson Georges seeks review of the Board of Immigration Appeals (BIA) order affirming an order of removal based on his conviction for an aggravated felony. Georges argues that none of his convictions (for conspiracy to possess 15 or more unauthorized access devices—namely, Social Security numbers— possession of 15 or more unauthorized access devices, and aggravated identity theft) qualify as an aggravated felony as that term is defined in 8 U.S.C. § 1101(a)(43)(M)(i) and (U) because the conduct for which he was convicted did not result in loss to the victim exceeding $10,000. We hold that the BIA correctly determined that Georges had been convicted of an aggravated felony, and we therefore deny the petition. I. Georges is a native and citizen of Haiti who was granted lawful permanent residency in the United States in 1999. In 2013, a federal grand jury returned an indictment charging Georges and a codefendant with conspiracy to possess 15 or more unauthorized access devices, in violation of 18 U.S.C. § 1029(a)(3) and (b)(2) (Count 1); possession of 15 or more unauthorized access devices, in violation of 18 U.S.C. §§ 1029(a)(3) and 2 (Count 2); and three counts of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1) and 2 (Counts 3–5). The indictment alleged that the purpose of the conspiracy charged in Count 1 was to possess stolen personal identifying information in order to file fraudulent 2 Case: 19-13643 Date Filed: 08/11/2020 Page: 3 of 7 tax returns and collect refunds from the IRS. Georges pleaded guilty to Counts 1 through 3 of the indictment. The district court sentenced him to 32 months’ imprisonment and ordered him to pay restitution in the “total loss” amount of $12,982. The Department of Homeland Security issued Georges a notice to appear charging that he was subject to removal for having been convicted of an aggravated felony under 8 U.S.C. § 1101(a)(43)(M) (an offense involving fraud or deceit in which the total loss to the victim exceeds $10,000) and (a)(43)(U) (attempt or conspiracy to commit such an offense). Georges denied that the loss to his victim exceeded $10,000 and denied that he was subject to removal. He moved to terminate the removal proceedings, arguing that the amount of the restitution order did not represent the amount of loss for purposes of § 1101(a)(43)(M) because it included loss that was due to uncharged conduct. Specifically, he asserted that the district court’s “total loss” calculation of $12,982 was based on the refunds for five fraudulent tax returns, two of which were accounted for in the ...
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