Accessory after the fact prohibits a person who knows that a federal crime has been committed from comforting or assisting the principal offender in order to “hinder or prevent his apprehension, trial or punishment.”[271]  There is an excellent argument that this non-substantive offense is not listed in the aggravated felony definition, but the BIA has held it falls within the obstruction of justice category.  See § § 7.8, supra, 7.89, infra. 

[271] 18 U.S.C. § 3.  United States v. Taylor, 322 F.3d 1209 (9th Cir. March 20, 2003) (trial court erred in refusing to dismiss accessory after the fact charge that was predicated on same facts that supported defendant’s conviction for aiding and abetting, because the government’s theory that the defendant was an accessory after the fact because he did not turn himself and the principal in to the authorities after the crime was committed would mean every principal is also an accessory in his own crime when he does not turn himself in, which would be an “absurd” result).

AGGRAVATED FELONY -- ACCESSORY AFTER THE FACT - SUPREME COURT REMANDS QUESTION TO NINTH CIRCUIT FOR CONSIDERATION
Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (question whether California conviction of violating Vehicle Code 10851(a) holds liable accessories after the fact, who need not be shown to have committed a theft, is remanded to the Ninth Circuit for consideration in the first instance).

AGGRAVATED FELONY - THEFT OFFENSE - WHETHER THEFT INCLUDES JOYRIDING REMANDED BY SUPREME COURT TO NINTH CIRCUIT FOR CONSIDERATION IN FIRST INSTANCE
Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (remanding to Ninth Circuit claim that Cal. Vehicle Code 10851(1) applies to joyriding, which falls outside the generic "theft" definition, is not considered because it does not fall within the terms of the question presented, the lower court did not consider them, and this Court declines to reach them in the first instance).

BIA

ACCESSORY AFTER THE FACT - CONCEALMENT OF STOLEN PROPERTY
Matter of Fernando Salas-Lopez, 2007 WL 1724884 (BIA May 22, 2007) (unpublished) (California conviction for violation of Penal Code 496d(a), receipt of stolen vehicle, is not categorically an aggravated felony under INA 101(a)(43)(G) because "[c]oncealment of stolen property may well not be the same as aiding and abetting the receiving of stolen property. Even if done with knowledge that the property is stolen, the concealment of the stolen property could be more like acting as an accessory after the fact to the theft or to the receipt of stolen property.").

Ninth Circuit

AGGRAVATED FELONY - ACCESSORY AFTER THE FACT
Verdugo-Gonzalez v. Holder, 581 F.3d 1059 (9th Cir. Sept. 14, 2009) (California conviction for receiving stolen property, under Penal Code 496(a), categorically qualified as a theft offense aggravated felony under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), rejecting argument that the statutory use of the term "aids" includes accessory after the fact, which would not constitute an aggravated felony; the court reasoned that the statute does not mention accessory, only aiding, and no case was identified applying the statute to accessories after the fact).

AGGRAVATED FELONY - ACCESSORY AFTER THE FACT
United States v. Vidal, 504 F.3d 1072 (9th Cir. Oct. 10, 2007) (9-6 en banc) (accessory after the fact does not constitute an aggravated felony, since attempt and conspiracy are listed under INA 101(a)(43)(U), but accessory after the fact is not).

Other

CAL POST CON " SAFE HAVEN " ACCESSORY AFTER THE FACT " ELEMENTS
People v. Moomey, 194 Cal.App.4th 850, 856, 123 Cal.Rptr.3d 749, 753 (4th Dist. April 26, 2011) (The crime of accessory consists of the following elements: (1) someone other than the accused, that is, a principal, must have committed a specific, completed felony; (2) the accused must have harbored, concealed, or aided the principal; (3) with knowledge that the principal committed the felony or has been charged or convicted of the felony; and (4) with the intent that the principal avoid or escape from arrest, trial, conviction, or punishment.); quoting People v. Plengsangtip (2007) 148 Cal.App.4th 825, 836, 56 Cal.Rptr.3d 165.

NON-SUBSTANTIVE OFFENSES -- NEW MEXICO - COMPOUNDING
(New Mexico Penal Code 30-22-6.  Compounding a crime consists of knowingly agreeing to take anything of value upon the agreement or understanding, express or implied, to compound or conceal a crime or to abstain from a prosecution therefor, or to withhold any evidence thereof. For purposes of this section, a person may be prosecuted and convicted of compounding a crime though the person guilty of the original crime has not been charged, indicted or tried. Whoever commits compounding a crime is guilty of a misdemeanor)