Kawashima v. Holder (2011)
- Docket
- 10-577
- Decided
- 2011-01-01
Summary
Question: Is filing a false statement on a corporate tax return an aggravated felony involving fraud or deceit, which would render the immigrant removable? Conclusion: Yes. Justice Clarence Thomas delivered the opinion of the Court, affirming the judgment of the appellate court. The Court held that filing a false tax return in violation of 26 U.S.C. Section 7206 qualifies as an aggravated felony under the Immigration and Nationality Act when the Government's revenue loss exceeds $10,000. The Court rejected the argument that crimes under Section 7206 do not involve the fraud or deceit required by the Immigration and Nationality Act. Justice Ruth Bader Ginsburg filed a dissenting opinion which Justice Stephen Breyer and Justice Elena Kagan joined. Justice Ginsburg wrote that the Court's construction of the statute was dubious because it characterized a tax crime as a crime of fraud or deceit, which would render the portion of the statute which directly addressed violations of tax law meaningless.