Shewchun v. Holder, No. 09-3894 (6th Cir. 2011)
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A citizen of Canada, admitted in 1963 as a lawful permanent resident, has held academic positions at universities. In 1983, he was convicted of larceny and of taking money under false pretenses. In 1984, he was convicted of mail and wire fraud. He was imprisoned from 1992 to 1995, for violating parole. In 1990, the INS charged deportability under 8 U.S.C. 1227(a)(2)(A)(ii) based on conviction of two crimes involving moral turpitude not arising out of a single scheme. In 1997 INS added grounds under 8 U.S.C. 1227(a)(2)(A)(iii): conviction of an aggravated-felony theft offense, and an aggravated-felony fraud offense involving losses exceeding $10,000. The IJ, found petitioner deportable. The BIA affirmed, but remanded because the INS had granted the Attorney General discretion to waive deportation of lawful permanent residents, otherwise deportable for having committed crimes. DHS added another ground, charging that his 1984 conviction qualified as an aggravated felony because it constituted an attempt or conspiracy to commit fraud or deceit involving over $10,000 in losses. In 2007 the IJ denied all claims. The BIA agreed. The Sixth Circuit denied a petition for review, rejecting procedural claims and his claim that removal proceedings should be terminated based on his prima facie eligibility for naturalization under 8 C.F.R. 1239.2(f).
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