Nijhawan v. Holder (08-495)
The Supreme Court heard oral arguments yesterday in Nijhawan, which concerns the BIA's interpretation of INA 101(a)(43)(M). The question is whether the categorical approach applies to the amount of loss in a fraud conviction - only fraud where there is a $10,000 loss counts as an Aggravated Felony, but requiring it to be an element would make the provision almost entirely inapplicable to fraud offenses. Tom Moseley argued the case for Nijhawan.