In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed a DHS appeal and upheld the termination of proceedings after finding that selling contraband cigarettes in violation of 18 U.S.C. 371 was not an aggravated felony under INA 101(a)(43)(M) or a crime involving moral turpitude because fraud or deceit were not necessary elements of the offense. The decision was written by Member Roger Pauley.