Immigration Removal; Aggravated Felony; Food Stamp Fraud

Where an immigrant from Somalia was convicted of a food stamp offense for conduct including allowing customers of his store to buy food on store credit and pay for the credit later with SNAP benefits, the Board of Immigration properly concluded that bartering the SNAP benefits involved fraud or deceit, so the immigrant was convicted of an aggravated felony and subject to removal.

Concurring opinion by Beam, J.; “Although Mowlana correctly argues that a conviction for food stamp misuse under 7 U.S.C. § 2024(b)(1) does not categorically involve fraud or deceit, application of the modified categorical approach reveals that he was convicted under a version of the offense that necessarily involves fraudulent or deceitful conduct. Accordingly, the BIA’s decision should be affirmed.” Petition denied.

14-1320 Mowlana v. Lynch, Petition for review of an order of the Board of Immigration Appeals, Colloton, J.)