The Second Circuit has addressed the federal statute criminalizing conspiracy to commit money laundering, and has determined that a conviction under 18 USC 1956(h) can properly qualify as a money laundering-related aggravated felony under INA section 101(a)(43)(D). The court rejected the argument that a conspiracy conviction, such as the one at issue in this case, must be charged under INA section 101(a)(43)(U). In addition, the court determined that a forfeiture order was sufficient to establish that the offense involved more than $10,000 in laundered funds, even though a forfeiture order may include legitimately obtained funds, and need only been proven by the prosecution by a preponderance of the evidence, while the Department of Homeland Security must prove the offense involved more than $10,000 in laundered funds by clear and convincing evidence.

The full text of Barikyan v. Barr can be found here: