Immigration · Primary-source case analysis

Nijhawan: The $10,000 Fraud-Loss Threshold Is Circumstance Specific

By Aneeta Mishra and Timothy Chan

Published May 1, 2026

Nijhawan establishes a circumstance-specific inquiry for the loss component of the fraud-or-deceit aggravated-felony definition in 8 U.S.C. section 1101(a)(43)(M)(i).

The conviction statutes contained no loss element

Nijhawan was convicted of conspiracy and fraud offenses whose elements did not require a jury finding that victim loss exceeded $10,000.

The monetary threshold looks to the actual offense

The Court read the phrase concerning loss to the victims as referring to the particular circumstances in which the offense was committed rather than the generic elements of the crime.

The evidence must be tethered to the conviction

A sentencing stipulation and restitution materials supported the threshold in that case. The Court stressed that the loss determination must be linked to the specific counts covered by the conviction.

Disposition

The Court affirmed the aggravated-felony determination because the record established losses far above $10,000 and the petitioner had a fair opportunity to contest the amount.

Key takeaways

• Analyze the fraud-or-deceit element categorically.
• Analyze the loss threshold circumstance specifically.
• Tie loss evidence to the counts of conviction.
• Preserve objections to disputed sentencing and restitution materials.