Akio Kawashima, et Ux., Petitioners v. Eric H. Holder, JR., Attorney General. (565 U.S. 478)

U.S. Supreme Court · decided February 21, 2012 · Supreme Court Database (Spaeth)

Citation
565 U.S. 478 · 132 S. Ct. 1166
Decided
February 21, 2012
Term
October Term 2011
Vote
6–3
Majority author
Justice Thomas
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Justice Thomas delivered the opinion of the Court. This case concerns whether aliens who commit certain federal tax crimes are subject to deportation as aliens who have been convicted of an aggravated felony. We hold that violations of 26 U. S. C. §§7206(1) and (2) are crimes “involving] fraud or deceit” under 8 U. S. C. § 1101(a)(43)(M)(i) and are therefore aggravated felonies as that term is defined in the Immigration and Nationality Act, 8 U. S. C. §1101 et seq., when the loss to the Government exceeds $10,000. H-l Petitioners, Akio and Fusako Kawashima, are natives and citizens of Japan who have been lawful permanent residents of the United States since June 21, 1984. In 1997, Mr. Ka-washima pleaded guilty to one count of willfully making and subscribing a false tax return in violation of 26 U. S. C. §7206(1). Mrs. Kawashima pleaded guilty to one count of aiding and assisting in the preparation of a false tax return in violation of 26 U. S. C. § 7206(2). Following their convictions, the Immigration and Naturalization Service charged the Kawashimas with being deport-able from the United States as aliens who had been convicted of an aggravated felony. See 8 U. S. C. §1227(a)(2)(A)(iii) (“Any alien who is convicted of an aggravated felony at any time after admission is deportable”)- In the Immigration and Nationality Act, Congress listed categories of offenses that qualify…

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