The language in INA § 101(a)(43)(T), 8 U.S.C. § 1101(a)(43)(T), "an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years' imprisonment or more may be imposed," might have two different meanings: (a) the person has been convicted of a Failure To Appear (FTA) offense for which a sentence of two years' imprisonment or more may be imposed; or
(b) the person has been convicted of an offense relating to a FTA to dispose of an underlying felony charge, for which underlying felony a sentence of two years' imprisonment or more may be imposed. The FTA offense refers to the violation of a court order to "answer to or dispose of" a (underlying) felony with a possible sentence of 2 years or more. Although it has two layers of offenses mentioned, the clause referring to the punishment is similar in structure to INA § 101(a)(43)(F), (G), (R) and (S), 8 U.S.C. § 1101(a)(43)(F), (G), (R) and (S). It is possible to argue that in (Q), another two-layer definition, Congress expressly referred to the "underlying" offense to address the punishment for that offense and did not use the term "underlying" in (T), but the grammatical structure is still the same.

jurisdiction: 
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