Safe Havens

(B)  Safe Havens Specific to this Category.  A conviction of an unlisted statute will not constitute an aggravated felony under this category.  A conviction of a violation of state law will not constitute an aggravated felony under this category, unless the state conviction as assessed by the record of conviction must fall within the essential substantive elements of one of the two described federal offenses.  For a discussion of the proof necessary to establish the $10,000 amount of funds laundered required to qualify this offense as an aggravated felony, see § 7.82, supra.  The Ninth Circuit has held that the plain language of the money laundering aggravated felony definition requires that the amount of funds laundered must be $10,000 or more, rejecting the government’s argument that the loss the victim suffered should be examined for the qualifying amount.[691] 

[691] Chowdhury v. INS, 249 F.3d 910 (9th Cir. 2001).