The Board of Immigration Appeals has determined that an immigration judge may look at the order of forfeiture to determine the loss to victims in a fraud-related aggravated felony analysis “if the proceeds received are sufficiently tethered and traceable to the conduct of conviction.” “Additionally, in conspiracy convictions, only the proceeds personally acquired by an individual conspirator may be subject to forfeiture—there is no joint and several liability. Therefore, in application, only specific proceeds received by the defendant can be subject to forfeiture, rather than the amount that was received by the entire criminal enterprise.”
The BIA further determined that the conviction was a particularly serious crime, barring withholding of removal. “The nature of the respondent’s conviction, which involves attempting or conspiring to obtain money or property through fraud, brings it within the ambit of a particularly serious crime.”
The full text of Matter of F-R-A can be found here: