The ordinary meaning of "aggravated felony" does not include misdemeanor convictions. See Leocal v. Ashcroft, 543 U.S. ___, 160 L. Ed. 2d 271, 125 S. Ct. 377 (2004)(Supreme Court uses "ordinary meaning" approach to conclude that accidental injury does not fall within ordinary meaning of "crime of violence" aggravated felony definition: "In construing both parts of 16, we cannot forget that we ultimately are determining the meaning of the term crime of violence. The ordinary meaning of this term, combined with 16's emphasis on the use of physical force against another person (or the risk of having to use such force in committing a crime), suggests a category of violent, active crimes that cannot be said naturally to include DUI offenses."). This argument could be raised to argue against United States v. Graham, 169 F.2d 787 (3d Cir. 1999) (misdemeanor offenses may qualify as aggravated felonies), and similar cases.