19-825 Rampersaud v. Barr UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2019 (Argued: May 8, 2020 Decided: August 19, 2020) Docket No. 19-825 _____________________________________ CHARRAN DANESHWAR RAMPERSAUD, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ Before: LEVAL, LOHIER, and PARK, Circuit Judges. Petitioner Charran Daneshwar Rampersaud, a noncitizen resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) finding him removable as an aggravated felon for having been convicted of fraud involving a loss to the victims exceeding $10,000. See 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1101(a)(43)(M)(i). The Immigration Judge found that Rampersaud met the $10,000 threshold on the ground that he was ordered to pay more than $77,000 in restitution from his convictions for a single count of insurance fraud and a single count of grand larceny, and the BIA affirmed. However, because the BIA failed to adequately consider whether more than $10,000 of the restitution represented loss to the victims of the insurance fraud as distinct from the grand larceny, we GRANT the petition for review, VACATE the decision of the BIA, and REMAND for further proceedings consistent with this opinion. H. RAYMOND FASANO, ESQ., Youman, Madeo & Fasano, LLP., New York, NY, for Petitioner. CRAIG A. NEWELL, JR., Trial Attorney, (Erica B. Miles, Senior Litigation Counsel, on the brief) for Joseph H. Hunt, Assistant Attorney General; Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, DC, for Respondent. LEVAL, Circuit Judge: Petitioner Charran Daneshwar Rampersaud, a noncitizen1 resident of the United States, seeks review of an order of the Board of Immigration Appeals (“BIA”) finding him removable as an aggravated felon, see 8 U.S.C. § 1227(a)(2)(A)(iii). Rampersaud is a native of Guyana who has lived in the United States as a lawful permanent resident since 1987. In 2010, he was convicted in Westchester County, New York of one count of insurance fraud and one count of grand larceny. A conviction of an offense involving fraud or deceit in which the loss to the victim or victims exceeds $10,000 qualifies as an aggravated felony. See 8 U.S.C. § 1101(a)(43)(M)(i). The BIA’s conclusion that 1 The Supreme Court has recently used the term “noncitizen” as equivalent to the statutory term “alien.” See Nasrallah v. Barr, 140 S. Ct. 1683, 1689 n.2 (2020) (citing 8 U.S.C. § 1101(a)(3)). We do the same here. 2 Rampersaud was an aggravated felon was based on his conviction for insurance fraud. See In re Charran Daneshwar Rampersaud, No. A041 191 762 (B.I.A. Mar. 4, 2019), aff’g No. A041 191 762 (Immig. Ct. N.Y. City Sept. 20, 2018). The principal issue in this appeal is whether, in the immigration proceeding, the BIA satisfactorily justified its conclusion that the losses suffered by the victims of Rampersaud’s insurance fraud offense exceeded $10,000. In the 2010 criminal proceeding in Westchester County, Rampersaud pleaded guilty to one count of insurance fraud in the third degree and one count of grand larceny in the fourth ...
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