The Eighth Circuit has determined that it is proper to consider the loss to the victim in the aggregate when determining if a petitioner who has been convicted of multiple counts related to the same fraudulent scheme has been convicted of an aggravated felony. The court distinguished the case from those involving dismissed counts (the loss tied to these counts cannot be considered when determining if the loss to the victim was in excess of $10,000 for aggravated felony purposes). It also left open the question as to whether the agency could aggregate the loss to the victim stemming from multiple counts that were not related to the same fraudulent scheme.
The full text of Sokpa-Anku v. Lynch can be found here: