Brief filed: 03/04/2009
Nijhawan v. Holder
United States Supreme Court; Case No. 08-495
Decision below 523 F.3d 387 (3d Cir. 2008).
Whether to avoid raising constitutional doubt or to provide fair warning under the rule of lenity, 8 U.S.C. §1101(a)(43)(M)(i) (defining an offense that involves fraud or deceit in which the loss to the victim(s) exceeds $10,000) is a “dual use” statute requiring consistent interpretation in both criminal and immigration law contexts.
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