Rad v. Att’y Gen. United States

In Rad v. Att’y Gen. United States, the defendant appealed the Board of Immigration Appeals’ finding that his violations of the CAN-SPAM Act necessarily entailed deceit, and therefore satisfied the first element of an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i). The 3rd Circuit held that, because the Act targets false statements made in contexts where internet users expect accuracy, even the least culpable violations of the Act entail deceit. Thus, the defendant’s offenses satisfied 8 U.S.C. § 1101(a)(43)(M)(i)’s fraud or deceit requirement. The case was remanded to the Board for a determination of the loss amount.

RAD