Aggravated Felonies

Chapter 2: Immigration Consequences of Aggravated Felonies, contains a brief overview of the many immigration consequences concerning eligibility for different immigration status and forms of relief in immigration court, organized alphabetically according to the name of the status or form of relief.

            Chapter 3: Elements of the Deportation Ground, contains a listing and comprehensive discussion of the law concerning the various elements that must be established by the government before the aggravated felony ground of deportation has been established.

            Chapter 4: Analysis of an Aggravated Felony, discusses the rules for analyzing whether a specific criminal conviction falls within a category of aggravated felony.

            Chapter 5: Aggravated Felony Categories, contains an extensive discussion of the definition of each of the different categories of offense that fall within the definition of an aggravated felony.

            Chapter 6: Post-Conviction Relief, discusses the effect on criminal and immigration proceedings of various types of post-conviction relief from aggravated felony convictions and sentences.

            Appendix A:  Category Case Index, takes all decisions of all courts defining what is, and is not, an aggravated felony, and organizes them according to the aggravated felony category within which they might or might not fall.  These categories are organized in alphabetical order.  Therefore, looking under “C” for “Crime of Violence” will produce all decisions construing that phrase.

            Appendix B:  Crime Case Index, labels each decision concerning whether a specific criminal conviction constitutes an aggravated felony under a certain category according to the common name of the criminal conviction involved.  Examples of the labels given to criminal convictions are “Murder,” “Burglary,” and “Drug Possession and lesser offenses.”  Some of these offense labels are the same as the names of certain aggravated felony “categories,” indexed in the Category Case Index.  This is a coincidence: remember that the labels contained in the Crime Case Index refer to the nature of the criminal conviction involved in the case, rather than the possibly similar label given to the aggravated felony category to which it is being compared.  The Crime Case Index takes all decisions of all courts that define whether a given criminal conviction is, or is not, an aggravated felony, and organizes them according to the general category and common name of the specific crime of conviction.  These crime labels are organized in alphabetical order.  Therefore, looking under “Crimes Against Property” and “B” for “Burglary” will produce all decisions considering whether a Burglary conviction constitutes an aggravated felony under any category.

            Appendix C:  Aggravated Felony Checklist, contains a quick and easy alphabetical index of all aggravated felony categories listed in the defining statute.

Appendix D:  Evolution of the Aggravated Felony Statute, contains a chronological legislative history of the development of the aggravated felony list, with notes on the legislation introducing primary immigration consequences of an aggravated felony conviction.

Appendix E:  Checklist of Federal Drug Offenses, contains a list of all offenses defined in the Federal Controlled Substances Act, 21 U.S.C. § § 801-971, to use in determining whether a conviction constitutes a “drug trafficking crime” under INA § 101(a)(43)(B).

Appendix F:  Non-Substantive Offenses, contains a list of all non-substantive offenses (such as aiding and abetting, conspiracy, and solicitation) that are specifically listed in grounds of deportation or inadmissibility, for use in determining whether Congress meant to exclude a given non-substantive offense by failing to list it in the particular deportation ground under consideration.

            A table of Authorities is included to aid in finding all citations of a given judicial decision or statute.

            A detailed Subject Matter Index is also involved to make the contents of this volume more accessible.

            In Other Resources, information is given concerning other publications of this and other publishers that may be of interest to the reader.