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Nijhawan v. Holder
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of petitioner.
Argument: 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.