Aggravated Felonies
Summary Table of Contents
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Subject Matter Index
Index references are to section numbers in text
A
ABC Settlement see Political Asylum
Abduction 1.4, 5.58
Abuse see Sexual Abuse of a Minor; “U” Visa; Violence Against Women Act
Accessory After the Fact see Non-Substantive Offenses
Acquittal see Conviction
Adjustment of Status
Aggravated Felony, Effect of 2.2
Arriving Alien 2.2, 3.14
As an Admission 2.2, 2.6(A), 3.13
Consular Processing see Consular Processing
Crime of Moral Turpitude 3.13
Defined 2.2, 3.13
Eligibility 2.2
In Immigration Court 2.2
Inadmissibility as Bar 2.2
Lawful Permanent Residents 1.7, 2.2
Legalization 2.22 ff.
LIFE Act 2.2
Processing Time 2.2
Relief from Deportation 1.7, 2.2
Relief from Inadmissibility 2.2, 2.13
“S” Visa 2.26
“U” Visa 2.28
Undocumented Immigrants 2.2
Waiver Under INA § 212(c) 2.44(I)
Waivers of Inadmissibility 2.2
Admission 3.10 ff.
Adjustment of Status as Admission see Adjustment of Status
Admission of Sufficient Facts to Warrant Conviction 3.32(F), 4.23
In Criminal Court 3.32
In Immigration Court 4.32
Conviction After Admission 3.10
Any Admission 3.12
Defined 3.11-3.12
Expedited Removal 2.12
Registry 2.34
Returning Lawful Permanent Residents 3.11-3.12, 3.14
Stop-Time Rule see Cancellation of Removal
Adult Court see Juveniles
Aggravated Felonies
Applications of Aggravated Felony 1.5
As Element of Criminal Offense 2.15
Basic Analysis 4.1
Burden of Proof 1.10(D)
Categories of 3.19, Chapter 5, Appendix A
By Reference to Federal Law 3.23(A), 4.35
By Reference to Generic Offense Definition 3.23(A), 4.36
Adoption by BIA 4.36(B)
Creating a Generic Definition 4.36(A)
Guiding Standards 4.36(C)
Categorical Analysis see Categorical Analysis
Checklist of Offenses see Appendix C
Conviction After Admission 3.10
Conviction, Definition see Conviction
Date of Conviction see Retroactivity
Deportation, Ground of 1.6, 2.10
“Described in” Language see Statutory Construction
Divisible Statute Analysis see Divisible Statute Analysis
Effective Date see Effective Date
Elements of Removal Ground see Chapter 3
Federal Law, Application see Federal Law
Felony, When Required see Felony
Foreign Convictions see Foreign Law
Aggravated Felonies (cont’d)
Generic/Common Law Definition 3.23, 4.36
Good Moral Character see Good Moral Character
History 1.2-1.4 see also Appendix D
Immigration Consequences of see Chapter 2
Immigration vs. Sentencing Context see Sentencing Guidelines
Jurisdiction see Jurisdiction
Minimum Conduct Rule see Categorical Analysis
Misdemeanor see Misdemeanor
Non-Substantive Offenses see Non-Substantive Offenses
Ordinary Meaning of “Aggravated Felony” 3.58(B)
Overlapping Offenses 5.55(F)
Overview 1.1
Parentheticals see Statutory Construction
Record of Conviction see Record of Conviction
“Relating to” Language see Statutory Construction
Relief 1.6 see also Chapter 2
Restriction of Procedural Rights 1.8
Retroactivity see Retroactivity
Rule of Lenity see Statutory Construction
Sentence see Sentence
State Convictions see State Law
State Law, Effect of see State Law
Taylor Analysis see Categorical Analysis
Aiding and Abetting see Non-Substantive Offenses
Alford Plea see Plea
Alien Harboring 5.4
Alien Smuggling 1.4, 5.5
Aiding and Abetting see Non-Substantive Offenses
Categorical Analysis 4.6(F)
Illegal Re-entry Sentencing 2.15(A)
Immediate Family Exception 4.6(F)
Related Removal Grounds 5.5(B)
Solicitation see Non-Substantive Offenses
Waivers 2.46(C)
Alien Transporting 5.6
Alienage 3.3 ff.
American Indians born in Canada 3.6
Burden of Proof 3.3
United States Citizens see Citizenship
United States Nationals 3.5
All Doubts Benefit Noncitizen see Statutory Construction
All Writs Act see Post-Conviction Relief
American Baptist Churches see Political Asylum
American Indians Born in Canada see Alienage
Amnesty Programs see Legalization
Ammunition see Firearms
Analysis of Aggravated Felony see Chapter 4
Antique Firearm Exception see Firearms
Appeal
Criminal
Denial of Right to Appeal see Post-Conviction Relief
Direct Criminal Appeal 3.44
Finality of Conviction 3.44, 3.46
Immigration Effect 3.44
Late Criminal Appeal 3.46
Immigration see Judicial Review
Acquittal see Conviction
Arrest
Discretionary Relief 2.1(B)
Good Moral Character 2.14
Arriving Aliens
Adjustment of Status 2.2, 3.14
Detention see Detention
Voluntary Departure see Voluntary Departure
Arson 4.40(B), 5.33 see also Crimes of Violence
Assault see Battery
Asylum see Particularly Serious Crime; Political Asylum; Withholding of Removal; Convention Against Torture
Attempt see Non-Substantive Offenses
Audita Querela see Post-Conviction Relief; Sentence
Auto Burglary see Burglary
Auto Theft see Theft
Automatic Stay see Detention
B
Bank Fraud see Fraud
Battery
Crime of Violence 4.40, 5.20, 5.33(A), 6.22
Deadly Weapon 4.13
Domestic 4.16, 5.20
Obstruction of Justice 5.63
Sexual 5.20(A), 5.66, 5.71(A), 5.72(C), 5.73, 5.74(D), 5.76(C)
Target Offenses see Target Offenses
Blackmail see Extortion
Boilerplate see Record of Conviction
Bond, Immigration
Immigration Detention 2.11, 3.9(A)
Medical 2.46(A)
Voluntary Departure 2.41, 2.42
Bribery
Commercial 1.4, 5.8
Gratuity Not Included 5.8(B)
One Year Sentence Imposed Requirement 3.61
Public Officials, Not Covered 5.8(A)
Witnesses 1.4, 5.9
Burden of Proof
Aggravated Felony 1.10(D)
Citizenship 2.24, 3.4, 3.33
Controlled Substances 5.42
Conviction, Evidence of 6.4
Criminal Court 3.8
Deportation 1.10(D)
Detention 2.11(A), 2.11(G)
Firearms 5.52
Foreign Law 3.26(B)
Full Faith and Credit 6.7
Inadmissibility Proceedings 3.14
Infraction Proceedings 3.8
Minimum Conduct Rule 4.7
Non-Substantive Offenses 3.18
Post-Conviction Relief 6.4
Record of Conviction 4.22(A)
Sentences 3.62(B)
Waiver Under INA § 212(c) 2.44(D)
Burglary 1.4, 5.10
Attempted Theft 5.10(F)
Auto Burglary 5.10
Attempted Theft 5.10(F)
Burglary 5.10(D)
Crime of Violence 5.10(G)
Building or Structure 5.10(D)
Crime of Violence 5.10(G), 5.33(B)
Definition 5.10(A)
Divisible Statute Analysis 5.10(B)
Intent to Commit Crime 5.10(E)
One Year Sentence Imposed Requirement 3.61
Record of Conviction 5.10(B)
Surplusage see Record of Conviction
“Target” Offenses 4.12
Unlawful Entry Requirement 5.10(C)
C
Cancellation of Removal 1.7, 2.3 ff.
Continuous Presence 2.6
Discretionary Factors 2.4
For LPRs 2.4
For Non-LPRs 2.5
Generally 2.3
Good Moral Character 2.5 see also Good Moral Character
Hardship 2.5
“J” Visa 2.5
NACARA see NACARA
Cancellation of Removal (cont’d)
Persecutors Barred 2.4
Petty Offense Exception 2.6(B)
Political Offense Exception see Political Offense Exception
Self-Petition for Abused Spouse or Child 2.38
Stop-Time Rule 2.6(B)
Youthful Offender Exception see Juveniles
Carnal Knowledge or Abuse see Sexual Abuse of a Minor
CAT see Convention Against Torture
Categories of Aggravated Felonies see Appendix A
Categorical Analysis 1.10, 4.1 ff.
See also Record of Conviction; Divisible Statute Analysis
Alien Smuggling 4.6(F)
Application Outside Immigration Context 4.2
Application Within Immigration Context 4.2
Basic Analysis 4.1-4.2
Burden of Proof 1.10(D), 3.14, 4.7
Comparison of Offense Against Aggravated Felony Definition 4.2
Crime of Violence 4.6(F)
Divisible Statute Analysis see Divisible Statute Analysis
Document Fraud 4.6(F)
Domestic Violence 4.6(C)
Effect of State Law see State Law
Essential Elements of the Offense 4.3
“Extra” Elements 4.6(F)
Factual Basis for Conviction see Record of Conviction
Foreign Conviction see Foreign Law
“Guilty as Charged” 4.19(A)
Illegal Re-entry Sentencing 2.15(A)
Irrelevance of the Facts see Record of Conviction
Judicially Defined Elements 4.5, 4.39(A)
Label of Offense 4.4, 4.39(A)
Limited to Record of Conviction 4.16
Minimum Conduct Rule 1.10(B), 4.7, 4.8
Record of Conviction see Record of Conviction
Resisting Exceptions to Categorical Analysis 4.6
Loss to the Victim 4.6(D), 4.6(F)
No Authority to Reject Categorical Analysis 4.6(A)
Sentence 4.6(E)
Sexual Abuse of a Minor 4.6(B)
Rule of Lenity see Statutory Construction
Statutory Elements 4.4
Surplusage see Record of Conviction
Charging Papers see Record of Conviction
Charge, Failure to Appear to Face see Failure to Appear
Child Abuse 5.70 see also Sexual Abuse of a Minor
Child Pornography 1.4, 5.11
Constitutionality 5.11(B)
Elements 5.11(A)
Illegal Re-entry Sentencing 2.15(A)
Safe Haven 5.11(A)
Children, Offenses Committed Against see Sexual Abuse of a Minor
Choice of Law see Jurisdiction
CIMT see Crime of Moral Turpitude
Citizenship, United States 3.4
See also Naturalization; Alienage
Acquired Citizenship 3.4(B)
Burden to Show 2.24, 3.4, 3.33
By Birth 3.4(A)
Child Citizenship Act of 2000 3.4(E)
Derivative Citizenship 3.4(C)
National of the United States see Alienage
Puerto Rico 3.23(B)
Ways of Obtaining 2.24, 3.4
Classified Information Offenses see National Security
CMT see Crime of Moral Turpitude
Collateral Attack in Immigration Court see Full Faith and Credit
Commercial Bribery see Bribery
Common Law Definitions of Offenses see Aggravated Felonies
Complaint see Record of Conviction
Concealment of Merchandise see Receipt of Stolen Property
Concurrent Sentence see Sentence
Congress Private Bill see Private Bill
Conjunctive Phrasing in Criminal Charge see Divisible Statutes
Consecutive Sentence see Sentence
Conspiracy see Non-Substantive Offenses
Consular Processing 1.7, 2.7
See also Adjustment of Status
Applicable Waivers 2.7
In Absentia Conviction 3.42
Inadmissibility as Bar 2.7
Judicial Review 2.7
Continuous Presence Cancellation 2.6(A)
Controlled Substances 5.37 ff.
Accessory After the Fact see Non-Substantive Offenses
Allowing Transfer from Juvenile to Adult Court see Juveniles
Burden of Proof 5.42
Checklist of Federal Offenses see Appendix E
Commercial Element 5.43
Counterfeit Controlled Substance (Bunk) 5.44(B)
Distribution 3.41(C)
Driving Under the Influence see Motor Vehicle Offenses
Due Process 5.40
Elements, Aggravated Felony 5.38
Drug Trafficking Crime 5.38(B)
Illicit Trafficking 5.38(A)
Federal Analog Offense 5.44
Federal Convictions 5.38(B)
Federal Drug Schedules 5.42(C)
Comparison List, Creating 5.42(D)
Substances Not on State Schedules 5.42(A)
Federal First Offender Act 3.26(F), 6.12-6.14
Felony, Reduction to Misdemeanor see Felony
Felony Requirement 3.60, 5.39
History 5.39(A)
Felony Where No Custody May be Imposed see Felony
Firearm Use in Commission of Drug Offense see Firearms
Illegal Re-entry Sentencing see Illegal Re-entry; Sentencing Guidelines
Importation 5.43, 5.44
Inadmissibility see Inadmissibility
Investment of Illicit Proceeds see Money Laundering
Legalization (Amnesty) see Legalization
Maintain Place to Manufacture Distribute or Use 5.66
Manufacture 5.44(C)
Marijuana
Exception 2.17(B), 2.45, 4.6(F), 5.40(E)
Gratuitous Distribution of a Small Amount 5.41(B)
Misdemeanor see Misdemeanor
Misprision of a Felony see Non-Substantive Offenses
Money Laundering see Money Laundering
Non-Substantive Offenses see Non-Substantive Offenses
Offering to Sell see Non-Substantive Offenses
Paraphernalia 2.11(A), 4.37, 4.52(B), 5.44, 6.14
Particularly Serious Crime see Particularly Serious Crime
Personal Use
Marijuana 5.40(E)
Controlled Substances (cont’d)
Personal Use (cont’d)
Transportation 4.11(A), 5.41, 5.44(D)
Other Offenses 5.43
Possession 3.57, 4.40(A), 5.40, 5.43
Date Rape 5.40(C)
Federal First Offender Act 3.26(F), 6.12-6.14
First Offense 5.40(A)
Immigration vs. Sentencing Context 5.40(C)
Marijuana Exception 5.40(E)
Over 5 Grams Cocaine Base 5.40(C)
Retroactivity 5.40(D)
Second Offense 3.62(B)(11), 5.40(B)
Sentence Enhancement 3.62(B)(11), 5.40(B)
State Felony 5.40(C)
Prison Removal Hearings 2.12(B)
Punishable Under Federal Law 5.38, 5.40, 5.44
Reason to Believe see Inadmissibility
Regulatory Offenses 5.44(E)
Rehabilitation Relief see Post-Conviction Relief; State Law
Retroactivity see Retroactivity
Sale 5.41(C), 5.44
Sentencing Guidelines see Sentencing Guidelines
Solicitation see Non-Substantive Offenses
State Convictions 5.38(B), 5.40(C), 5.44
Felony/Misdemeanor Distinction 5.39(B), 3.57, 3.60
State Offenses Not Punished Under Federal Law 5.44
State Offenses Not Punished Under Listed Federal Statutes 5.44(A)
State Rehabilitative Relief see State Rehabilitative Relief
Trafficking Definition 5.38(A), 5.43
Under the Influence 2.11(A), 5.22(A), 5.33(C), 5.41(C), 5.44
Unlisted Substances 5.42
Unspecified Substance 5.42
Visiting Place Where Used 2.11(A)
Waiver Under INA § 212(h) 2.17(B), 2.45
Convention Against Torture 1.7, 2.8 see also Political Asylum; Withholding of Removal
Conviction 3.31 ff.
Acquittal 3.38
After Admission 3.10, 3.12
Burden of Proving Existence 6.4
Collateral Attack in Immigration Court see Full Faith and Credit
Conditional Discharge 3.32(G), 3.34
Crime 3.8
Date of Conviction 3.32(A), 3.36
Defective Convictions 3.37
Deferred Adjudication 3.39(B), 3.43
Deferred Entry of Judgment 3.39(B), 3.62(B)(7)
Deferred Prosecution 3.34
Deferred Sentence see Sentence
Deferred Verdict 3.35
Definition of 3.32, 6.5, 6.26
Admission of Sufficient Facts 3.32
Custody 3.32(G), 5.41(C)
Effective Date 3.32(A)
Legislative History 3.32(A)
Post-Conviction Relief 6.5, 6.26
Punishment Requirement 3.32(B)
Retroactivity 3.32(A)
Sentence Requirement 3.32(G)
Dismissed Charges see Dismissed Charges
Dispositions that do not Constitute Convictions 3.31, 3.33 ff.
Diversion Programs 2.1(B), 3.39(B)
Due Process 3.32(A)
Conviction (cont’d)
Elements of Aggravated Felony Ground 3.7
Existence vs. Nature of Conviction, Proof of 4.15
Police Reports 4.30
Probation Reports 4.31
Expungement see State Rehabilitative Relief; Post-Conviction Relief
Factual Basis see Record of Conviction
Formal Judgment of Guilt 3.32
Finality see Finality
Foreign Convictions see Foreign Law
In Absentia Convictions 3.42
Infraction, Minor 3.8
Judicial Recommendation Against Deportation see Judicial Recommendation Against Deportation
Jurisdiction
See also Jurisdiction
Court of Competent Jurisdiction 3.40
Juvenile Proceedings see Juveniles
Military Convictions
See also Foreign Law; Jurisdiction
As Minor Violation 3.8
Nature of Conviction 3.31 ff.
Non-Conviction Dispositions 3.33 ff., 3.31
Overview 1.10(A)
Plea of Guilty/No Contest see Plea
Post-Conviction Relief see Post-Conviction Relief
Probation/Parole see Probation
Procedural Requirements 3.8
Record of Conviction see Record of Conviction
Restraint on Liberty 3.32(B), 5.40(C)
Sentence Enhancement see Sentence Enhancement
Vacated Convictions see Post-Conviction Relief
Verdict of Guilty 3.32(E) see also Record of Conviction
Violation, Minor 3.8
Coram Nobis see Post-Conviction Relief
Corporal Injury of Spouse see Crime of Violence; Domestic Violence
Counsel, Right to see Post-Conviction Relief
Counterfeiting 1.4, 5.13
Controlled Substances see Controlled Substances
Possession of Counterfeit Securities 5.13
One-Year Sentence Imposed Requirement 3.61
Court Martial see Foreign Law; Jurisdiction
Crime 3.8, 3.26(A)
Crime Case Index see Appendix B
Crime of Moral Turpitude
Adjustment of Status 3.13
Crime, Requirement of a 3.8
Detention, Mandatory 2.11(A)
Foreign Conviction 3.26(B)
Ground of Deportation 2.2, 2.6, 2.17
Ground of Inadmissibility 2.17(A)
Intent 2.17(A)
Judicial Recommendation Against Deportation 6.15
Juvenile Delinquency see Juveniles
Legalization 2.21, 2.22
Non-Substantive Offenses see Non-Substantive Offenses
Petty Offense Exception 2.17(A)
Political Offense Exception see Political Offense Exception
Prison Removal Hearings 2.12(B) see Deportation, Grounds of
Temporary Protected Status 2.37
Theft 5.78(B)
“S” Visa 2.26
Waiver Under INA § 212(c) 2.44(A)
Waiver Under INA § 212(h) 2.45
Crime of Moral Turpitude (cont’d)
Youthful Offender Exception see Youthful Offender Exception
Crime of Violence 1.4, 5.15 ff.
18 U.S.C. § 16(a) 5.17
Against Another Person 5.21
Against Personal Property 5.21(A)
Attempt 5.19
De Minimis Force 5.20
Element of Force 5.18
Gross Negligence 5.22(B)
Negligence 5.22(A)
Recklessness 5.22(C)
Self-Inflicted Damage 5.21(B)
Specific Intent 5.22
Strict Liability 5.22(A)
Threat 5.19(B)
Use of Force 5.19(A)
Violent Force 5.20
18 U.S.C. § 16(b) 5.23
Against Person or Property 5.21, 5.28
De Minimis Force
Felony Requirement 5.23
In Commission of Offense 5.29
Intent 5.22, 5.31
Nature of Offense 5.25
Self-Inflicted Damage 5.21, 5.28
Substantial Risk 5.26
Use of Force 5.30
Violent Force 5.20, 5.27
Allowing Transfer from Juvenile to Adult Court see Juveniles
As Aggravated Felony 1.4, 5.15 ff.
Categorical Analysis 4.6(F)
Definition 5.15
Family Unity Program 2.13
Felony Required, Circumstances When 5.15, 5.24 see also Felony
Firearm Offense Committed to Further see Firearms
Illegal Re-entry Sentencing see Sentencing Guidelines
Intent Requirement 5.22, 5.31
Misdemeanor see Misdemeanor
Non-Substantive Offenses see Non-Substantive Offenses
Offensive Contact 5.20, 5.72-5.73
One-Year Sentence Imposed Requirement 3.61, 5.16
Political Offense Exception 4.6(F), 5.32
Reduction to Misdemeanor see Felony
Sentencing Guidelines see Sentencing Guidelines
Separate Definitions
Aggravated Felony Definition 4.40, 5.15
Sentencing Guidelines Definition 4.40
Sex with Minor see Sexual Abuse of a Minor
Specific Offenses 5.33
Battery see Battery
Burglary see Burglary
Discharge of a Firearm see Firearms
DUI see Motor Vehicle Offenses
Manslaughter see Manslaughter
Most Common 5.33
Rape see Rape
Sexual Abuse of a Minor see Sexual Abuse of a Minor
Stalking 5.33(H)
Statutory Rape see Statutory Rape
Vehicular Homicide see Motor Vehicle Offenses
Waiver Under INA § 212(h)
Criminal History see Record of Conviction
Custody see Detention; Conviction; Foreign Law; Post-Conviction Relief; Sentence
D
Deceit 5.34 see also Fraud
Defective Convictions see Conviction
Deference to Agency Determination see Judicial Review
Deferral of Removal see Convention Against Torture
Deferred Action Status 1.7, 2.9(A)
Deferred Adjudication Programs see Conviction
Deferred Enforced Departure see Temporary Protected Status
Deferred Entry of Judgment see Conviction
Deferred Prosecution see Conviction
Deferred Sentence see Sentence
Deferred Verdict see Conviction
Definition of Aggravated Felony see Aggravated Felony
Delinquency Findings see Juveniles
Deportation
Aggravated Felony 1.6 see also Chapter 3
Burden of Proof 1.10(D)
Crimes of Moral Turpitude see Crimes of Moral Turpitude
Alien Smuggling see Alien Smuggling
Document Fraud see Document Fraud
National Security see National Security
Derivative Citizenship see Citizenship
Destructive Devices
See also Explosives; Firearms
Cultural Sporting Exception 5.51(D)
Commercial Element 5.35(B)
Defined 5.35(A), 5.51(D)
Exception 5.51(A)(3)
Trafficking In 1.3, 5.35
Detention 2.11
After Removal Proceedings 2.11(G)
Arriving Aliens 2.11(D), 2.11(I)
Automatic Stay 2.11(B)
Bond see Bond
Burden of Proof 2.11(A), 2.11(G)
Convention Against Torture 2.8
Crime of Moral Turpitude 2.11(A)
Credible Fear of Persecution 2.11(E)
DHS Priorities 2.11(F)
Domestic Violence 2.11(A), 2.11(G)
Due Process 2.11(A), 2.11(G)
Effective Date see Effective Date
Expedited Removal 2.11(E)
Foreign Conviction see Foreign Law
Judicial Review 2.11(H)
Habeas Corpus 2.11(H), 2.19(A)
Indefinite 2.11(G)
Mandatory 2.11(A)
Aggravated Felony Conviction as Trigger 2.11
Post-Conviction Relief, Effect of 2.11(A)
National Security 2.11(A)
Political Asylum 2.11(E)
Probation/Parole 2.11(C)
Transition Period Custody Rules 2.11(C), 2.11(D)
Upon Release 2.11(C)
Direct Appeal see Appeal
Discretion, Prosecutorial 2.9(B)
Discretionary Findings, Use of Crimes in 2.1(B)
Discretionary Relief
Arrest 2.1(B)
Judicial Review of 2.19(B)(2)
Use of Criminal Records 2.1(B)
Police Reports 4.30
Disjunctive phrasing in Criminal Charges see Divisible Statute Analysis
Dismissed Charges
Acquittal 3.38
Definition of Conviction 3.39
Not Part of Record of Conviction 4.29
Distribution of a Controlled Substance see Controlled Substances
District of Columbia see Jurisdiction
Diversion see Conviction
Divisible Statute Analysis 4.8 ff.
See also Record of Conviction; Categorical Analysis
Burglary see Burglary
Divisible Statute Analysis (cont’d)
Conjunctive Phrasing in Criminal Charges 4.11(B), 4.17, 4.22(B)
Determined by Record of Conviction 4.16
Disjunctive Statutes 4.11(A)
Generally 4.8
Misapplication 4.12, 4.13
Minimum Conduct 4.7, 4.8
Discrete Subsections 4.10
“Target” Offenses 4.12
Terminology 4.8
When Applicable 4.9
When Not Applicable 4.13
Document Fraud 1.4, 5.36
Categorical Analysis 4.6(F)
Detention Grounds 5.36(D)
Immediate Family Exception 4.6(F), 5.36(C)
One-Year Sentence Imposed Requirement 3.61
Passport Fraud 5.36
Safe Havens 5.36(A), 5.36(B)
Waivers 2.46(B)
Domestic Violence
Categorical Analysis 4.6(C)
Crime of Violence see Crime of Violence
Detention, Not Mandatory 2.11(A)
Proof of Domestic Element 4.6(C)
Spousal Abuse 5.13
Violence Against Women Act 2.38(C)
Waiver 2.38(C)
Driving Under the Influence see Motor Vehicle Offenses
Drunk Driving see Motor Vehicle Offenses
Drug Trafficking see Controlled Substances
Due Process
See also Post-Conviction Relief; Sentence
Controlled Substances 5.40
Conviction, Definition of 3.32
Detention 2.11(A), 2.11(G)
Judicial Review 2.19(B)
Military Convictions 3.30
Record of Conviction 4.29
Reinstatement of Removal 2.35
Retroactivity see Retroactivity
Waiver Under INA § 212(c) 2.44(B), 2.44(H)
E
Effective Date
See also Aggravated Felony – History; Retroactivity
As Element of Aggravated Felony Ground of Deportation 3.9
Conviction 3.32(A)
Detention 2.11(A), 2.11(C), 2.11(D)
Family Unity 2.13
Judicial Recommendation Against Deportation 6.15
Judicial Review Bars 2.19(B)(1)
Legalization 2.21, 2.22
Particularly Serious Crime 2.47
Reinstatement 2.35
Sentencing Guidelines 4.40, 4.40(C), 4.40(D)
Voluntary Departure 2.39
Waiver Under INA § 212(c) 2.44, 2.44(D)
Elements of an Aggravated Felony Chapter 3 see also Aggravated Felony
Element of Offense
Prior Aggravated Felony as Element of Crime 2.15
See Categorical Analysis; Divisible Statute Analysis; Record of Conviction
Embezzlement see Fraud
Endangerment see Crime of Violence
Enhancement
Immigration Effect see Sentence Enhancement
Enhancement (cont’d)
Of Illegal Re-entry Sentence see Sentencing Guidelines
Entry into United States see Admission
Equal Protection
Juveniles see Juveniles
Requirement to Honor State/Foreign Expungement 3.26(F), 6.14
Waiver Under INA § 212(c) 2.44
Waiver Under INA § 212(h) 2.45
Espionage see National Security
Exceptions to Categorical Analysis see Categorical Analysis
Execution of Sentence Suspended see Sentence
Ex-Felon in Possession of Firearm see Firearms
Expedited Removal 1.7, 1.8, 2.12
Admission 2.12
Credible Fear of Persecution 2.12(A)
Detention 2.11(E)
INA § 212(h) 2.45
Limitation on Judicial Review 2.12
Non-LPR Aggravated Felons 2.12(A)
Explosives 5.17, 5.27-5.28 see also Destructive Devices; Firearms
Export Firearms see Firearms
Ex Post Facto 3.9
See also Retroactivity
Definition of Ex Post Facto Violation 3.9(C)
Illegal Re-entry Sentence Enhancement
Inapplicable to Immigration Context 3.9(D)
Expungement see Foreign Law; State Rehabilitative Relief
“Extra” Elements see Categorical Analysis
Extortion 1.4, 5.58
F
Facilitation see Non-Substantive Offenses
Facts
Elements versus see Record of Conviction
Factual Basis see Record of Conviction
When Irrelevant see Record of Conviction
Failure to Appear 1.4, 4.6, 5.47
Aggravated Felony Based on Potential Sentence 3.65
In Absentia Conviction see Conviction
To Face Charges 5.48
To Serve Sentence 5.49
Failure to Prevent a Crime see Misprision of Felony; Non-Substantive Offenses
False Documents to Obtain Immigration Benefit see Visa Fraud
False Imprisonment 4.23
False Statement see Document Fraud; Fraud; Perjury; Tax Evasion
Family Unity Program 2.13
Crime of Violence 2.13
Effective Dates 2.13
Juvenile Delinquency as Bar 2.13
Legalization 2.13
One Felony/Two Misdemeanors Bar 2.13
Federal Law
Aggravated Felony Definitions by Reference to 3.23(A), 4.35
Controlled Substances see Controlled Substances
Felony/Misdemeanor Distinction 3.57
Jurisdiction see Jurisdiction
Jurisdictional Element (Interstate Commerce) 3.23(A)
Statutory Elements see Categorical Analysis
Federal First Offender Act (FFOA) see Controlled Substances; Post-Conviction Relief; State Rehabilitative Relief
Federal Juvenile Delinquency Act see Juveniles
Federal Youth Corrections Act see Juveniles
Felony
See also Misdemeanor, Sentence
As Defined by Potential Sentence 3.57(B), 4.39(B)
Crimes of Violence 3.59, 5.24, 6.22
Custody Requirement 5.40(C)
Controlled Substances 3.57, 3.60, 5.39-5.41, 6.21
Federal Definition 3.57(A), 3.58, 5.39-5.41
Felony/Misdemeanor Label 3.57(B), 4.39(B)
Illegal Re-entry sentencing 2.15(A)
Immigration Effect 6.23
Legalization 2.21-2.22
Ordinary Meaning of “Aggravated Felony” 3.58(B)
Reduction to Misdemeanor 6.19 ff.
Controlled Substances 6.21
Crime of Violence 6.22
Sentence Enhancement see Sentence Enhancement
State Definition 3.57(B) see also State Law
Temporary Protection Status 2.37, 3.57
When Required for Aggravated Felony 3.57 ff.
FFOA (Federal First Offender Act) see Controlled Substances
Finality 3.43 ff.
Deferred Adjudication 3.43
Direct Appeal 3.44
Effect in Immigration Proceedings 3.43
Expungement 3.43(B)
Foreign Law see Foreign Law
Judicial Recommendations Against Deportation 3.47(A)
Late Appeal 3.46
Pardon 3.47(B)
Pendency of Post-Conviction Relief 3.43(B), 3.47
Probation 3.43(B)
Sentence 3.47(E)
Slow Plea 3.45
State Rehabilitative Relief 3.47(C), 3.43(B)
Vacated Conviction 3.47(D)
Financial Crimes
Counterfeiting see Counterfeiting
Embezzlement see Fraud; Theft
Fraud see Fraud
Money Laundering see Money Laundering
Racketeering see Racketeering
Firearms 1.3-1.4, 5.50 ff.
Allowing Transfer from Juvenile to Adult Court see Juveniles
Ammunition 5.51(A), 5.51(B), 5.52(A)(4)
Antique Firearm Exception 5.52(A)(2)
Burden of Proof 5.52
Checklist of Offenses 5.52
Commercial Element 5.51(C)
Cultural Sporting Exception 5.51(D)
Destructive Devices, Trafficking in see Destructive Devices
Detention, Mandatory 2.11(A)
Discharge of a Firearm 5.33(G)
Explosives see Explosives
Federal Listed Specific Firearms Offenses 5.52
Firearms, Trafficking in 5.51
Illegal Re-entry Sentencing 2.15(A)
Pardon see Pardon
Pistols and Revolvers 5.52(A)(1)
Prison Removal Hearing 2.12(B)
Recklessness 5.51
Shipping 5.29(B)
Firearms (cont’d)
State Offenses 5.52(B)
Trafficking in Firearms 1.3-1.4, 5.51
Using or Carrying in Certain Offenses 5.32, 5.44
Waiver Under INA § 212(c) 2.44(C)
Force see Crimes of Violence
Foreign Law 3.24 ff.
Burden of Proof 3.26(B)
Convictions
Aggravated Felonies 1.4, 3.24
As a “crime” 3.8, 3.26(A)
Categorical Analysis 3.26(A), 3.26(B), 4.20
Crime of Moral Turpitude 3.26(B)
Criminal Procedure, sufficiency of 3.25(c), 3.8
Custody 3.25-3.26
Date of Conviction 1.6, 3.25
Detention 3.25
Elements of Offense, Compared to U.S. Definition 3.25(A), 3.25(B)
Finality 3.26(J), 3.43(A)
Juveniles 3.26(H)
Member of U.S. Armed Forces 3.26(I), 3.30(B)
Military Offenses 3.26
Record of Conviction 4.20
Expungements 3.26(F)
Federal First Offender Act Analogs 3.26(F)
Judicial Recommendation Against Deportation 3.26(D)
Pardons 3.26(G), 4.32(E), 6.18
Post-Conviction Relief 3.26(E)
Rehabilitative Relief 3.26(F)
Forgery 5.53
One-Year Sentence Imposed Requirement 3.61
Passport see Document Fraud
Possession of Forged Document 5.53
Fraud 1.4, 5.54 ff.
See also Deceit, Theft, Money Laundering
Bad Checks 4.5, 5.56(B)
Bank Fraud 4.56(B)
Categorical Analysis 4.6(D), 4.6(F)
Definition 5.55
False Claim 5.6
Government as Victim 5.55(E)
Immigration Fraud see Document Fraud
Intent 5.55(C)
Loss, Requirement of 5.56
Attempted Loss 5.56(D)
Categorical Analysis see Categorical Analysis
“Extra” Element see Categorical Analysis
Modification of Restitution 3.66(D)
Multiple Counts of Conviction 5.56(B)
Post-Conviction Relief 3.66(D), 5.6(G)
Proof of Loss 5.56(A)
Repayment of Restitution 5.56(F)
Restitution Orders 5.56(E)
Unintended Loss 5.56(C)
Offenses “Involving” Fraud 5.55(D) see also Statutory Construction
Passport Fraud see Document Fraud
Perjury, Overlap with 5.55(F)
Tax Fraud see Tax Evasion
Theft, Overlap with 5.55(F)
Full Faith and Credit 6.7
Burden of Proof 6.7
Collateral Attack of Prior Removal Order 2.19, 2.35, 3.9(B)
Conviction 3.43(B), 6.1(B)
Sentence 6.26
Vacatur 6.7, 6.9
G
Gambling Offenses 1.4, 5.44
Generic Definitions of Offenses see Aggravated Felony; State Law
Good Moral Character 2.14
Aggravated Felony as Bar 1.7, 2.14
Arrests 2.14
Cancellation of Removal for Non-LPRs 2.5
Illegal Entry 2.14
Judicial Review 2.19(B)(2)
Murder 2.14, 5.62
NACARA 2.14, 2.23
Naturalization 2.14, 2.24
Post-Conviction Relief 6.4
Probation/Parole, Effect of 2.14
Registry 2.34
Suspension of Deportation 2.14, 2.36(B)
VAWA 2.14, 2.38
Voluntary Departure 2.14, 2.43
Gratuity see Bribery
Green Card see Lawful Permanent Resident
Gross Negligence see Negligence
Grounds of Deportation see Deportation
Grounds of Inadmissibility see Inadmissibility
Grounds to Vacate Conviction see Post-Conviction Relief
Guidelines see Sentencing Guidelines
Guilty Plea see Plea
H
Habeas Corpus see Detention; Judicial Review; Post-Conviction Relief
Harboring Aliens see Alien Harboring
Harboring Fugitives see Non-Substantive Offenses – Accessory After the Fact
High Speed Border Chase 2.11(A)
History, Aggravated Felony 1.2-1.4, see also Appendix D
Homicide see Murder; Manslaughter; Motor Vehicle Offenses
Human Trafficking see Aliens Smuggling; Prostitution; “T” Visa
I
“Illegal” Alien see Undocumented Immigrant
Illegal Entry
Aiding Entry of an Aggravated Felon 2.15(B)
INA § 212(c) Relief 2.44(c)
Good Moral Character 2.14
Not an Aggravated Felony 5.57(A)
Waiver Under INA § 212(c) 2.44(C)
Illegal Re-entry
See also Sentencing Guidelines
After Removal 2.15(A)
Alien Smuggling 2.15(A)
Aggravated Felony 1.4, 4.6(E), 5.57
As Sentence Enhancement 1.9, 2.15(A)
Illegal Re-entry After Prior Re-entry 5.57(C)
Post-Conviction Relief 5.57(E)
Proof of Prior Aggravated Felony 5.57(D)
Record of Conviction 5.57(B)
Categorical Analysis 2.15(A)
Felony see Felony
Police Reports 4.30
Immigration Consequences, Generally 1.1
Aggravated Felonies see Chapter 2
Deportation see Chapter 3
Sentencing see Sentencing
Immigration Crimes
Alien Smuggling see Alien Smuggling
False Immigration Documents see Document Fraud
Illegal Entry see Illegal Entry
Illegal Re-entry see Illegal Re-entry
Passport Fraud see Document Fraud
Immigration Statistics 1.1
Immigration vs. Sentencing Context see Sentencing Guidelines
Immigrant Smuggling see Alien Smuggling
Imposition of Sentence Suspended see Sentence
In Absentia Conviction see Conviction
Inadmissibility 2.16 ff.
Adjustment of Status 2.2, 3.13
After Removal Based on Aggravated Felony 1.7, 2.16, 2.18
Aggravated Felony Conviction Not a Ground of 2.16
Alien Smuggling see Alien Smuggling
Burden of Proof 3.14
Consular Processing see Consular Processing
Controlled Substances 2.16, 2.17(B)
Crime of Moral Turpitude 2.17(A)
Document Fraud, Waiver of 2.46(B)
Medical Grounds, Waiver of 2.46(A)
Money Laundering 2.16
Multiple Convictions with Five-Year Aggregate Sentence 2.17(C)
National Security see National Security
Persecutors 2.26(B)
Prostitution 5.65(D)
Reason to Believe a Drug Trafficker 2.16-2.17
Trafficking in Controlled Substances 2.17(B)
Visas see Visas
Youthful Offender Exception see Juveniles
Incest see Sexual Abuse of a Minor
Inchoate Crimes see Non-Substantive Offenses
Income Tax Crimes see Tax Evasion
Indecency with Child see Sexual Abuse of a Minor
Indecent Assault see Assault
Indeterminate Sentence see Sentence
Indian Trial Law see Jurisdiction
Indictment see Record of Conviction
Ineffective Assistance of Counsel see Post-Conviction Relief
Informant Visa see “S” Visa
Infraction, Minor Offense 3.8
Intelligence Agents, Revealing Identity of see National Security
Involuntary Manslaughter see Manslaughter
Involuntary Servitude 1.4, 5.65(C)
J/K
Joyriding see Motor Vehicle Offenses
Judicial Decisions, Elements of Statute Defined by see Categorical Analysis
JRAD see Judicial Recommendation against Deportation
Judicial Recommendation Against Deportation (JRAD) 6.15
See also Post-Conviction Relief
Aggravated Felonies 6.15
Collateral Attack on JRAD Not Permitted 6.15
Continuing Validity 6.15
Court Martial 3.30(A)
Crimes Eliminated 6.15
Effective Date of Repeal 3.24(M)
Finality 3.47(A)
Foreign 3.26(D)
Immigration Effect of 6.15
Ineffective Assistance of Counsel, Remedy to 6.15
Nunc Pro Tunc 6.15
Procedural Requirements 6.15
Timing 6.15
Judicial Review 2.19
Appellate Review 2.19(B)
Bar Based on Criminal Grounds 2.19(B)(1)
Constitutional Issues 2.19(B)(1)
Criminal see Appeal
Discretionary Issues Bar 2.19(B)(2)
Judicial Review (cont’d)
Appellate Review (cont’d)
Domestic Violence 2.19(B)(1)
Effective Dates 2.19(B)(1)
Expedited Removal 2.12
Good Moral Character 2.19(B)(2)
Issues on Appeal 2.19(B)(4)
Mootness 2.19(B)(4)
Particularly Serious Crime 2.47
Political Asylum see Political Asylum
Questions of Fact 2.19(B)(1)
Questions of Law 2.19(B)(1)
Circuit Court Panel Disagreement 2.19(B)(4)
Consular Processing see Consular Processing
Deference, Chevron 2.19(B)(3)
Detention see Detention
Effective Dates 2.19(B)(1)
Habeas Corpus 2.19(A)
Detention 2.11(H), 2.19(A) see also Detention
Political Asylum 2.19(A)
Post Conviction see Post-Conviction
Naturalization 2.24
Re-Hearing En Banc 2.19(B)(4)
Reinstatement of Removal 2.35
Summary Affirmances (Streamlining) 2.19(B)(4), 4.6
Judicially Defined Elements see Categorical Analysis
Judgment in Criminal Court see Record of Conviction
Jurisdiction 3.20 ff.
Choice of Law 3.53(c)
Court of Competent Jurisdiction 3.40
Federal see Federal Law
Foreign Conviction see Foreign Law
Jurisdictional Element of Federal Criminal Offense 3.23(A), 4.35
Listed Jurisdictions 3.21
Federal 3.22
State 3.23
Puerto Rico 3.23(B)
U.S. Virgin Islands 3.23(B)
District of Columbia 3.23(B)
State Conviction see State Law
To Vacate Conviction 6.9
Unlisted Jurisdictions 3.27 ff.
Indian Tribal Law 3.29
Local Law 3.28
Military Law 3.8, 3.30
Juveniles
Adjudication Not a Conviction 3.8, 3.41(A)
Conviction for Immigration Purposes 3.41(C)
Conviction in Adult Court, Immigration Consequences 3.41(A)
Crime of Moral Turpitude 3.41, 3.41(A)
Family Unity Program 2.13
Federal Juvenile Delinquency Act 3.41(B), 3.41(C)
Offenses Allowing Transfer to Adult Court 3.41(D)
Offenses Not Allowing Transfer to Adult Court 3.41(E)
Federal Youth Corrections Act 3.41(H), 3.62(B)(10)
Foreign Convictions see Foreign Law
Equal Protection 3.41(B)
Misdemeanor 3.41
No Juvenile Court at Time of Conviction 3.41(G)
Proof of Age 3.41
Special Youthful Offender Dispositions 3.41(H), 3.62(B)
State Transfer of Juvenile Offender to Adult Court 3.41(B), 3.41(F)
Waivers of Inadmissibility 3.41
Youthful Offender Exception to Inadmissibility 2.17(A), 2.6(B)
Youthful Offender Sentences 3.41, 3.62(B)(10)
Juveniles (cont’d)
Youthful Trainee Act 3.41
Jury Verdict
Conviction Definition see Conviction
Record of Conviction see Record of Conviction
Waiver Under INA § 212(c) see Waiver Under INA § 212(c)
Kidnapping 1.4, 5.58
L
Label of Offense see Categorical Analysis
Larceny see Theft
Lasciviousness With Minor see Sexual Abuse of Minor
Lawful Permanent Resident (LPR)
See also Adjustment of Status
Admission see Admission
Returning LPRs Seeking Admission 3.11, 3.12, 3.14
Leap Year Day 3.62(B)(3)
Legalization Programs 1.7, 2.20 ff.
Adjustment of Status 2.22
Amnesty Program 2.21
Controlled Substances 2.21-2.22
Crime of Moral Turpitude see Crime of Moral Turpitude
Effective Dates see Effective Dates
Family Unity Program 2.13
Felony see Felony
Late Amnesty 2.20
LIFE Act 2.20
Misdemeanor see Misdemeanor
Special Agricultural Worker Program 2.22
Legislative History see History
Lenity, Rule of see Statutory Construction
Lewdness With Minor see Sexual Abuse of a Minor
LIFE Act see Legalization; Adjustment of Status
Loan Sharking see Extortion
Local Law see Jurisdiction
Loss see Fraud; Tax Evasion
M
Mandatory Detention see Detention – Mandatory
Manslaughter
Crime of Moral Turpitude 4.39(A)
Crime of Violence 4.40(B), 5.44(D)
Involuntary 4.39(A), 5.33(D), 6.22
Vehicular see Motor Vehicle Offenses
Voluntary 4.39(A), 5.33(D)
Marijuana see Controlled Substances
Medical Grounds of Inadmissibility
Violence Against Women Act 2.38(A)
Waiver 2.46(A)
Mental Competence see Post-Conviction Relief
Military Offenses see Conviction – Crime; Due Process; Foreign Law; Jurisdiction; Unlisted Jurisdiction
Minimum Conduct Rule see Categorical Analysis
Misdemeanor
See also Felony; Sentence
Aggravated Felony 3.58
Ordinary meaning 3.58(B)
Controlled Substances 3.56, 3.60, 5.39, 5.41
Crimes of Violence 5.15, 5.24
Federal/State Definition 3.57(B), 4.39(B), 5.40(C)
Juveniles Transferred to Adult Court see Juveniles
Legalization 1.7, 2.20-2.22
Lesser Treatment 3.8
Reduction of Felony to see Felony
Sentence Enhancement, see Sentence Enhancement
Sexual Abuse of a Minor 3.58
Temporary Protected Status 2.37
Misprision of a Felony see Non-Substantive Offenses
Money Laundering 1.4, 5.60
See also Racketeering
Amount Laundered see Fraud, Loss to Victim
Drug Proceeds 5.60
Ground of Inadmissibility 2.16
Mootness 5.18
Motion to Reopen Criminal Proceedings see Post-Conviction Relief
Motion to Reopen Removal Proceedings 6.30
Following Post-Conviction Relief 6.30
INA § 212(c) 2.44(L)
Voluntary Departure 2.43
Motor Vehicle Offenses
Aggravated Reckless Driving Crime of Violence
Auto Burglary see Burglary
Driving Under the Influence 5.22(A), 5.30, 5.33(C)
Joyriding 5.10, 5.78(A)
Possession of Stolen Vehicle see Possession of Stolen Property
Theft-Related Offenses see Theft
Trafficking in Vehicles with Altered ID Numbers 1.4, 3.61, 5.79
Vehicular Homicide 5.22(A), 5.30
Multiple Convictions see Inadmissibility
Murder 1.3, 5.61
Good Moral Character 2.14, 5.61
N
NACARA 1.7, 2.23
Cancellation of Removal 2.23
Good Moral Character 2.14, 2.23
Suspension of Deportation 2.23
Narcotics see Controlled Substances
Nationals of the United States see Alienage
National Security
Aggravated Felonies 5.62
Detention, Mandatory 2.11(A)
Disclosure of Classified Information 5.62
Espionage 1.4
Illegal Re-entry Sentencing 2.15(A)
Revealing Identity of Agents 1.4, 5.68
Sabotage 1.4, 5.62
Terrorism 2.4-2.5, 2.11, 2.15, 2.26, 2.38, 4.40
Treason 5.62
Nature of Conviction see Conviction; Record of Conviction
Naturalization 2.24, 3.4(D)
See also Citizenship; Alienage
Aggravated Felony Bar 1.7, 2.24
Good Moral Character 2.14, 2.24
Judicial Review 2.24
Legalization see Legalization
Probation/Parole 2.24
Rebuttal Bars to Good Moral Character 2.14
Terminating Removal Proceedings 2.24
Time Requirements 2.24
Negligence
Crime of Moral Turpitude 2.17(A)
Crime of Violence 5.22, 5.31
No Contest Plea see Plea
Non-Immigrant Visas see Visas
Non-Substantive Offenses 3.15 ff., 3.48 ff. see also Appendix F
See also Obstruction of Justice
Accessory After the Fact 3.49, 5.2
Controlled Substances 2.17(B)
Crime of Moral Turpitude 3.48(C)
Obstruction of Justice 3.48(C)
Aiding and Abetting 3.50, 5.3
Alien Smuggling 5.5(A)
Entry of Aggravated Felon 2.15(B)
Immigration vs. Sentencing Context 3.5(B)
State vs. Federal Definition 3.5(B)
Theft 3.5(B)
Non-Substantive Offenses (cont’d)
Attempt 1.4, 3.16, 5.7
Burglary as Attempted Theft 5.10(F)
Charged in NTA 5.7
Crime of Violence 5.19
Defined 5.7
Loss to Victim 5.56(D)
To Commit Reckless Act 3.8, 5.7
Burden of Proof 3.18
Conspiracy 1.4, 3.17, 5.12
Crimes of Moral Turpitude 2.17(A)
Detention 2.11(A)
Facilitation 3.51
Listed Offenses 3.15
Misprision of a Felony 3.52, 5.59
Controlled Substances 3.52(B)
Crime of Moral Turpitude 3.52(C)
Obstruction of Justice 3.52(A)
Offer to Sell 3.53, 5.45, 5.75
Other Non-Substantive Offenses 3.54
“Relating to” Language see Statutory Construction
Sentencing Guidelines see Sentencing Guidelines
Solicitation 3.53, 5.75
Alien Smuggling 3.53(A)
Controlled Substances 3.53(B), 3.53(C), 5.45
When Listed 3.53(A)
Substantive Offenses 3.18
Target Offenses 4.12
Unlisted Offenses 3.48
Immigration Effect 3.48(B)
Immigration vs. Sentencing Context 3.50(B), 4.40(C)
Nunc Pro Tunc
Judicial Recommendation Against Deportation 6.15
Post-Conviction Relief 6.26
Waiver Under INA § 212(h) 2.45
O
Obstruction of Justice
Accessory after the Fact see Non-Substantive Offenses
Aggravated Felony 1.4, 5.63
Misprision see Non-Substantive Offenses
One-Year Sentence Imposed Requirement 3.61
Outline of Book 1.11
P/Q
Paraphernalia see Controlled Substances
Pardon 6.16-6.18
See also Post-Conviction Relief
Eliminating Aggravated Felony Conviction 6.16
Finality 3.47(B)
Foreign see Foreign Law
Immigration Effect 6.16
Proof of 6.17
Record of Conviction 4.32
Requirements 6.16
Parole
Criminal see Probation
Immigration 2.29
Particularly Serious Crime
Controlled Substances 2.47
Effective Date 2.47
Family Unity Program 2.13
Judicial Review 2.47
Political Asylum Bar 2.31
Retroactivity 2.47
Temporary Protected Status Bar 2.37
Withholding of Removal Bar 2.47
Parentheticals see Statutory Construction
Passport Offenses see Document Fraud
Peonage see Slavery
Perjury
Aggravated Felony 5.64
Fraud Overlap 5.55(F)
Perjury (cont’d)
One-Year Sentence Imposed Requirement 3.61
Subordination of Perjury 1.4
People v. West Plea see Plea
Persecution
Cancellation of Removal 2.4
Detention 2.11(F)
Expedited Removal 2.12(A)
Inadmissibility 2.26(B)
Political Asylum 2.31
Temporary Protected Status 2.37
Withholding of Removal 2.45
Petition for Writ of Habeas Corpus or Coram Nobis see Post-Conviction Relief
Petty Larceny see Theft
Petty Offense Exception
Cancellation of Removal 2.6(B)
Crime of Moral Turpitude 2.17(A)
Plea
See also Record of Conviction; Conviction
Alford Plea 3.26
As charged 4.19(A) see also Categorical Analysis
Definition of Conviction see Conviction
Guilty 3.14, 3.26
Insanity 3.26(F)
No Contest or Nolo Contendere 3.14, 3.26(F), 4.19(C)(3)
People v. West Plea 3.26
Record of Conviction see Record of Conviction
Slow Plea 3.45
Withdrawal of Plea see Post-Conviction Relief
Plea Agreement see Post-Conviction Relief; Record of Conviction; Waiver Under INA § 212(c)
Police Reports see Record of Conviction
Political Asylum 2.30 ff.
See also Convention Against Torture; Withholding of Removal
ABC Settlement 2.32
Aggravated Felony Bar 1.7, 2.31(A)
Effective Date 2.31(B), 2.32, 2.47
American Baptist Churches (ABC) 2.32
Conviction After Grant of Asylum 2.31(A)
Criminal Bars 2.31(A)
Detention 2.11(E)
Expedited Removal 2.12(A)
Judicial Review 2.19(A)
One-Year Deadline 2.19(B)
Particularly Serious Crime see Particularly Serious Crime
Persecution 2.31
Voluntary Departure 2.42
Waiver Under INA § 209(c) 2.31(A), 2.42
Political Offense Exception
Crime of Moral Turpitude 2.6(B), 2.17(A)
Crime of Violence 4.6(F), 5.32
Foreign Conviction 5.32
Population, Noncitizens as Percentage 1.1
Pornography see Child Pornography
Possession, Counterfeit Securities see Counterfeiting
Possession, Deadly Weapon 5.33(E)
Possession, Drugs see Controlled Substances
Possession, Firearms see Firearms
Possession, Forged Document see Forgery
Possession, Stolen Property see Receiving Stolen Property
Post-Conviction Relief 3.66, 6.1 ff.
Burden of Proof 6.4, 6.7
Collateral Attack on Order Vacating the Conviction 6.2
Conviction Vacated as Invalid 6.3
Circuit by Circuit Comparison 6.4
Conviction Definition 6.5
Post-Conviction Relief (cont’d)
Conviction Vacated as Invalid (cont’d)
Fifth Circuit Exception 6.4-6.5, 6.6(D)
Immigration Effect 6.4, 6.6
Requirements 6.6
Detention, Effect on Mandatory 2.11(A)
Effect on Aggravated Felony Conviction 6.1 ff.
Effect on Finality see Finality
Effect on Validity of Deportation or Removal Order 6.6, 6.8
Effective Order Vacating the Conviction 6.2-6.10
Federal First Offender Act see Controlled Substances
For Sentence Enhancement Purposes 6.11(B)
Foreign see Foreign Law
Full Faith and Credit see Full Faith and Credit
Good Moral Character see Good Moral Character
Grounds for Vacating 6.10
Breach of Plea Bargain 6.10(D)(14)
Coercion by Package-Deal Plea Bargain 6.10(D)(19)
Conflict of Interest of Defense Counsel 6.10(D)(10)
Denial of Presence of Counsel 6.10(D)(17)
Denial of Right to Appeal 6.10(D)(5)
Denial of Right to Counsel 6.10(D)(4)
Denial of Self Representation 6.10(D)(18)
Failure to Describe Minimum Sentence 6.10(D)(16)
Failure to Describe Nature of Charge 6.10(D)(8)
Failure to Find Factual Basis 6.10(D)(12)
Improper Use of Prior Conviction 6.10(D)(3)
Inaccurate Legal Advice 6.10(D)(7), 6.8(4)
Ineffective Assistance of Counsel 6.10(D)(6)
Invalid Waiver of Constitutional Rights 6.10(D)(1)
Invalid Waiver of Counsel 6.10(D)(11)
Mental Incompetence 6.10(D)(9)
Omission of Element from Charge 6.10(D)(13)
Translation/Language Issues 6.10(D)(2)
Warning of Ineligibility for Federal Benefits 6.10(D)(15)
Humanitarian Relief see State Rehabilitative Relief
Illegal Re-entry 5.57(E)
Judicial Recommendation against Deportation 6.15 see also Judicial Recommendation against Deportation
Jurisdiction to Vacate see Jurisdiction
Jury Trial 6.10
Mootness 2.19(B)(4)
Overview 6.1
Pardon see Pardon
Reduction of Felony to Misdemeanor see Felony
Reopening Criminal Proceedings 6.31
Reopening Immigration Proceedings see Motion to Reopen
Restitution Modification see Fraud
Sentence see Sentence
State Rehabilitative Relief/Expungements see State Rehabilitative Relief
Vehicles for Relief
Appeal see Appeal
All Writs Act 6.5, 6.9
Post-Conviction Relief (cont’d)
Vehicles for Relief (cont’d)
Audita Querela 3.66(C), 6.12
Coram Nobis 3.66(C), 6.8(E), 6.9, 6.12
Habeas Corpus 3.46, 3.66(C), 6.12
Motion to Vacate Conviction 6.1 ff.
Motion to Withdraw Plea 6.10
State Advisal Statutes see State Law
Presentence Report see Record of Conviction
Prior Convictions
As Illegal Re-entry Sentence Enhancement see Illegal Re-entry; Sentencing Guidelines
Record of Conviction see Record of Conviction
Prison, Special Removal Hearing for Those in 2.12
Private Bill 1.7, 2.33
Procedure, Sufficiency of see Conviction
Probation
Administrative Closure of Immigration Proceedings 3.43(B)
Conviction, Definition 3.32
Detention 2.11(C)
Finality 3.43(B)
Good Moral Character 2.14
Length Not Sentence Imposed 3.62(B)(4), 3.63
Naturalization 2.24
Pre-Trial 3.23(G), 3.33
Reports see Record of Conviction
Sentence After Violation 3.62(B)(9)
Prosecutorial Discretion 2.9(B)
Prostitution
Categorical Analysis 4.6(F)
Inadmissibility 5.65(D)
Involuntary Servitude 5.65(C)
Related to Prostitution Business 1.4, 5.65(A)
Transportation for Purposes of 1.4, 5.65(B)
Waiver Under INA § 212(h) 2.45
Puerto Rico see 3.23(B)
Punishment see Conviction
R
Racketeering 1.4, 5.69
See also Money Laundering
Aggravated Felony Based on Potential Sentence 3.65
Ransom Offenses see Extortion
Rape 1.4, 5.66
Crime of Violence 5.66, 5.76
Rape of Child see Sexual Abuse of a Minor
Statutory Rape see Statutory Rape
Reason to Believe Illicit Trafficking see Inadmissibility
Receiving Stolen Property 5.67
One-Year Sentence Imposed Requirement 3.61
Recidivist Sentence Enhancement see Sentence Enhancement
Reckless Intent
Attempted Recklessness 3.7, 3.8
Crime of Moral Turpitude 2.17(A)
Crime of Violence 5.22, 5.31
Firearms 5.51
Sexual Abuse of a Minor 5.70
Record of Admission, Creation of see Registry
Record of Conviction 4.14 ff.
Burglary see Burglary
Boilerplate in Charges 4.17, 4.22(C)
Burden of Proof 4.22(A)
Conjunctive Charge 4.11(B), 4.17, 4.22(B)
Divisible Statutes see Divisible Statute Analysis
Documents Excluded 4.28 ff.
Charges Against Others 4.32(A)
Clerk’s Certificates 4.32(B)
Record of Conviction (cont’d)
Documents Excluded (cont’d)
Codefendant’s Record of Conviction 4.32(C)
Criminal History 4.32(D)
Dismissed Counts 4.29 see also Dismissed Charges
Extra-Record Information 4.16
Foreign Pardon 4.32(E)
Jury Instructions 4.27
Opinion of Criminal Judge 4.32(I)
Plea to Lesser Included Offense 4.32(F)
Police Reports 4.30
Presentence Reports 4.31
Probation Reports 4.31
Sentence Enhancement 4.32(G)
Statements of Prosecutor 4.32(I)
Subsequent Offenses 4.32(K)
Testimony in Immigration Proceedings 4.16, 4.32(J)
Documents Included 4.21 ff.
Bench Trial Findings 4.27(A)
Charging Papers/Complaint/Indictment/
Information 4.17, 4.22
Clerk’s Certificate 4.27(B)
Factual Basis 4.23
Judgment 4.24
Jury Instructions 4.27(C)
Jury Verdict 4.14, 4.17, 4.25
Plea Agreement 5.56
Plea of Conviction 4.14, 4.26
Prosecutor’s Statement 4.27(E)
Statement by Court 4.27(D)
Statements of Defendant at Plea 4.23
Due Process 4.29
Elements vs. Facts 4.17
Application 4.19
Definition of “Element” 4.17
Factual Basis for Conviction 4.19(B), 4.23
Foreign Offenses 4.20
Plea “Guilty as Charged” 4.19(A)
Rationale for Ignoring the Facts 4.18
Existence vs. Nature of Conviction 4.15, 4.30-4.31
Foreign Offenses 4.20
Generally 4.14
Illegal Re-entry 5.57(B)
Irrelevance of Facts 4.17-4.20, 4.23
Record of Conviction 4.16
Sentence 4.6(E), 4.24
Sexual Abuse of a Minor 4.6(B), 5.7(D), 5.73
Statute of Conviction 4.6
Sufficiency of Charges 4.22(A)
Surplusage in Charges 4.17, 4.22(B)
When Allowed 4.14
Reduction of Felony to Misdemeanor see Felony
Re-entry, Illegal see Illegal Re-entry
Registry 1.7, 2.34
Admission 2.34
Good Moral Character see Good Moral Character
Waiver of Inadmissibility 2.34
Rehabilitative Relief see State Rehabilitative Relief; Foreign Law
Reinstatement of Removal Order 2.35
Due Process 2.35
Effective Date/Retroactivity 2.35
“Related To” Language see Statutory Construction
Relief from Removal 1.7 see also Chapter 2
Removal
Expedited see Expedited Removal
Prison Hearing 2.12(B)
Reinstatement of see Reinstatement
Reopening Immigration Proceedings see Motion to Reopen
Restitution see Fraud
Restriction on Liberty 3.32(G)
See also Conviction; Detention
Restriction on Removal see Convention Against Torture
Retroactivity
Aggravated Felony Definition 1.6, 3.9(A)
Due Process Argument Against 3.9(B)
Caselaw 5.40(D)
Child Citizenship Act 3.4(E)
Controlled Substances Federal Schedule 5.42(C)
Conviction, Definition of 3.32(A)
INA § 212(c) Relief see Waiver Under INA § 212(c)
Particularly Serious Crime 2.47
Reinstatement 2.35
Simple Possession 5.40(D)
Suspension of Deportation 2.36(C)
Returning LPRs Seeking Admission see Admission
Revealing Undercover Agent’s Identity see National Security
RICO Offenses see Racketeering
Risk of Injury see Crime of Violence
Rule of Lenity see Statutory Construction
S
“S” Visa 1.7, 2.26
SAW Program see Legalization
Sabotage see National Security
Securities Fraud see Fraud
Self-Petition see Violence Against Women Act
Sentence
Aggravated Felony Definition History see History
Aggravated Felonies Dependent Upon Potential Sentence 3.65
Aggravated Felonies Dependent Upon Sentence Imposed 3.61
Aggravated Felonies Not Dependent on Sentence 3.64
Avoiding One-Year Imposed 3.63, 3.66
Burden of Proof 3.62(B)
Categorical Analysis 4.6(E)
Controlled Substances Offenses see Controlled Substances; Felony
Conviction see Conviction
Crime of Violence see Crime of Violence; Felony
Definition of “Sentence Imposed” 3.62
Actual Term Imposed 3.62(B)(2)
Commitment to Juvenile Facility see Juveniles
Concurrent Sentences 3.62(B)(8)
Consecutive Sentences 3.63
Credits for Time Served 3.63
Custody Ordered by Court 3.62(B)(1)
Deferred Entry of Judgment 3.39(B), 3.62(B)(7)
Deferred Sentence 3.36
Felony/Misdemeanor Distinction Irrelevant 3.62(B)(6)
Generally 3.62(A)
Home Confinement 3.63(B)(12)
Indeterminate Sentences 3.62(B)(2)
Length 3.62(B)
“One Year,” Definition 3.62(B)(3)
Probation/Parole Term 3.62(B)(4)
Probation/Parole Violations 3.62(B)(9)
Sentence Enhancements see Sentence Enhancements
State Sentence 4.39(C)
Suspended Execution of Sentence 3.62(B)(5)
Suspended Imposition of Sentence 3.32(B), 3.62, 3.63
Youthful Offender Sentences 3.41, 3.62(B)(10)
Failure to Appear to Serve see Failure to Appear
Sentence (cont’d)
Felony see Felony
Finality 3.47(E)
Generally 3.55-3.56
Guidelines, United States Sentencing see Sentencing Guidelines
Illegal Re-entry After Aggravated Felony Conviction see Illegal Re-entry
Misdemeanor see Misdemeanor
Post-Conviction Relief From 3.66, see also Chapter 6
Reduction of Felony to Misdemeanor see Felony
Vacating Conviction, Effect on 3.66(B)
Vacating or Reducing the Sentence 3.66(C), 3.66(F), 6.24 ff.
Finality see Finality
Full Faith and Credit see Full Faith and Credit
Grounds to Vacate Sentence 6.28
Brady Error 6.28(D)
Breach of Plea Bargain 6.28(L)
Failure to Correct Errors in Presentence Report 6.28(C)
Failure to Defend 6.28(A)
Failure to Investigate 6.28(B)
Failure to Mitigate 6.28(B)
Improper Evidence Considered 6.28(J)
Inaccurate Presentence Report 6.28(F)
Inflammatory Evidence 6.28(I)
Interpreter Error 6.28(E)
No Individualized Treatment 6.28(K)
Procedural Withdrawal 6.28(P)
Prosecutorial Misconduct 6.28(G), 6.28(H)
Right to Counsel 6.28(M)
Unconstitutional Conviction 6.28(N)
Vindictiveness 6.28(O)
Immigration Effect 6.24-6.26
Modifying Restitution see Fraud
Most Recent Sentence Governs 6.25
Nunc Pro Tunc Order see Nunc Pro Tunc
Reducing Sentence 3.63, 3.66(A), 6.27
Reduction to Misdemeanor 6.23
State Rehabilitative Relief see State Law
Sentence Enhancements
Aggravated Felony Sentence 3.62(B)(11)
Avoiding One-Year Sentence 3.63
Felony/Misdemeanor Distinction 4.32(G)
Illegal Re-entry 2.15
Nature of Conviction, Effect on 4.32(G)
Not Part of Record of Conviction 4.32(G)
Recidivist Based, Effect of 3.57, 3.62(B)(11)
Simple Possession 3.62(B)(11), 5.40(B)
Theft 3.62(B)(11), 5.78(F)
Sentencing Guidelines
See also Illegal Re-entry
Effective Dates 4.40
Immigration vs. Sentencing Context 4.40
Controlled Substances 4.40(A), 5.40(C)
Crimes of Violence 2.15(A), 4.40(B)
National Security 2.15(A)
Non-Substantive Offenses 3.50(B), 4.40(C)
Prior Law 4.40(D)
Sexual Abuse of a Minor 5.74(D), 5.76(A)(4)
Maximum Possible Sentence 5.24, 5.48
Sentencing Guidelines (cont’d)
State Sentencing Guidelines 3.62(C)
Servitude, Involuntary 1.4, 5.65(C)
Sexual Abuse of a Minor 1.4, 5.70 ff.
Abuse Element 5.72
Minor Conduct 5.72(B)
Physical 5.72(A)
Psychological 5.72(A)
Young Victim 5.72(C)
Age of Victim 5.72(C), 5.73, 5.76(B)
Categorical Analysis 4.6(B)
Child Pornography see Child Pornography
Crime of Violence 5.33(F), 5.74
Choice of Ground 5.74(A)
Force 5.17, 5.74(B)
Sentencing Context 5.74(D)
Substantial Risk 5.26-5.27, 5.74(C)
Definition 5.70
By Jurisdiction 5.70(A)
Federal Definition 5.70(B)
Federal Offenses 5.70
Misdemeanor Convictions 3.58
Physical Contact 5.72 see also Crime of Violence
Recklessness 5.70
Record of Conviction 4.6(B), 5.70(D), 5.73
Seriousness of Offense 5.70(C)
Sexual Act 5.71(A)
Sexual Intent 5.71(B)
Statutory Rape see Statutory Rape
Sexual Assault see Battery
Shoplifting see Theft
Slavery 1.4, 5.65
Slow Plea
See also Conviction
Finality 3.45
Waiver Under INA § 212(c) 2.44(J)
Smuggling Immigrants
Alien Harboring see Alien Harboring
Alien Smuggling see Alien Smuggling
Alien Transporting see Alien Transporting
Solicitation see Non-Substantive Offenses
Special Agricultural Worker Program see Legalization
Special Removal Proceedings for Those in Prison 2.12
Spousal Abuse see Domestic Violence
Stalking 5.15(D), 5.33(H)
State Law
Applied to Aggravated Felony Categories With Generic Offense Definitions 3.23(A)
Applied to Aggravated Felony Categories Referencing Federal Law 3.23(A)
Definition of Conviction 3.31(G), 3.32(A)
Effects of State Law 3.23(A), 4.39
Judicially Defined Elements see Categorical Analysis
Felony/Misdemeanor Distinction 3.57, 4.39(B), 5.40(C)
Jurisdiction see Jurisdiction
Juveniles see Juveniles
National Uniformity 4.39
Offense Label Irrelevant see Categorical Analysis
Post-Conviction Relief 6.4
Sentence Imposed see Sentence
State Advisal Statutes 6.8(F)
State Sentencing Guidelines 3.62(C)
Transfer of Juveniles to Adult Court see Juvenile Delinquency
State Rehabilitative Relief 6.11 ff.
See also Post-Conviction Relief
Administrative Closure of Immigration Proceedings 3.43(B)
Controlled Substances Cases 5.40(C), 5.46, 6.13-6.14
Immigration Effect 6.12
Deferred Adjudication see Conviction
Equal Protection 6.14
Federal First Offender Act 6.12-6.14
State Rehabilitative Relief (cont’d)
Finality 3.43(B), 3.47(C)
Humanitarian Grounds 6.12(B)
Sentence 3.66(E)
Simple Possession 6.13-6.14
Statutes
Elements see Categorical Analysis
Divisibility see Divisible Statutes
Vs. Facts see Record of Conviction
Statutory Construction
All Doubts Benefit Noncitizen 4.41
“Described In” Language 4.35, 4.38
Minimum Conduct Rule 1.10(B), 4.7
Offenses “Involving” Fraud 5.55(D)
Parentheticals 4.38
“Relating to” 4.37-4.38, 5.55(D)
Rule of Lenity 4.41
Statutory Rape 5.76
See also Battery
As “Rape” 5.76(A), 5.66
Consent 5.76(B)(2)
Crime of Violence 5.76(B)
Disparate Ages 5.76(A)(3)
Sentencing 5.76(A)(4)
Sexual Abuse of a Minor 5.76(C)
Young Victim 5.76(A)(1)
Stay
Of Order to Release from Detention 2.11(B)
Private Bill 2.33
Voluntary Departure 2.43
Stolen Property see Receipt of Stolen Property
Stop-Time Rule
Cancellation of Removal 2.6(B)
Suspension of Deportation 2.36(C)
Waiver Under INA § 212(h) 2.45
Waiver Under INA § 212(c) 2.44(G)
Streamlining see Judicial Review
Subornation of Perjury see Perjury
Substantive Offenses see Non-Substantive Offenses
Surplusage see Record of Conviction
Suspended Sentence see Sentence
Suspension of Deportation 1.7, 2.36
See also NACARA; Cancellation of Removal
Continuing Availability 2.36
Good Moral Character 2.14
NACARA 2.23
Repeal by IIRAIRA 2.36
Requirements 2.36(A)
Retroactivity 2.36(C)
Stop-Time Rule 2.36(C)
Violence Against Women Act 2.36(D), 2.38
T
“T” Visa 1.7, 2.27
Target Offenses 4.12
Tax Evasion 1.4, 5.77
Tax Fraud see Fraud; Tax Evasion
Temporary Protected Status 1.7, 2.37
Crime of Moral Turpitude as Bar 2.37
Deferred Enforced Departure 2.37
Felony as Bar 2.37
Misdemeanors, Two as Bar 2.37
Particularly Serious Crimes 2.37
Persecutors 2.37
Terrorism see National Security
Terroristic Threats see Threats
Theft 1.4, 5.78
See also Burglary; Fraud; Receipt of Stolen Property
Aiding and Abetting see Non-Substantive Offenses
Auto Burglary see Burglary
Auto Theft 5.78(A)
Crime of Moral Turpitude 5.78(B)
Definition 5.78(A)
Deprive, Intent to 4.11
Fraud, Overlap With 5.55(F)
Joyriding see Motor Vehicle Offenses
Non-Traditional Offenses 5.78(C)
One-Year Sentence Imposed Requirement 3.61
Permanent Deprivation 5.78(B)
Theft (cont’d)
Petty Theft With Prior Conviction see Sentence Enhancement
Possession of Stolen Motor Vehicle see Receipt of Stolen Property
Sentence Enhancement see Sentence Enhancement
Threats see Crime of Violence; Kidnapping, Rape; Sexual Abuse of a Minor
Trafficking
Destructive Devices see Destructive Devices
Drug see Controlled Substances
Human
Alien Smuggling see Alien Smuggling
Illegal Re-entry Sentencing 2.15(A)
“T” Visa 1.7, 2.27
Vehicles with Altered ID Numbers 5.79
Transportation
Controlled Substances see Controlled Substances
Immigrants see Alien Smuggling
Treason see National Security
Tribal Law see Jurisdiction
U/V
“U” Visa 1.7, 2.28
Unauthorized Use of Vehicle see Motor Vehicle Offenses
Undercover Agents, Revealing Identity of see National Security
Undocumented Immigrants
Adjustment of Status see Adjustment of Status
Cancellation of Removal see Cancellation of Removal
Expedited Removal with Aggravated Felony Conviction 2.12
United States Citizenship see Alienage; Citizenship
United States Sentencing Guidelines (USSG) see Sentencing Guidelines
Unpublished BIA Decisions, Effect as Precedent 2.44(G)
Use of Firearms see Firearms
USSG see Sentencing Guidelines
Vacated Convictions see Post-Conviction Relief
VAWA see Violence Against Women Act
Vehicles with ID Numbers Removed, Trafficking 1.4, 5.79
One-Year Sentence Imposed Requirement 3.61
Vehicle Theft see Theft
Vehicular Homicide see Motor Vehicle Offenses
Victim
Age see Sexual Abuse of a minor; Statutory Rape
Government as 5.55(E)
Loss to see Fraud
Of Crime, Visa for
“T” Visa 1.7, 2.27
“U” Visa 1.7, 2.28
Of Trafficking
“T” Visa 1.7, 2.28
Violation, Minor 3.8
Violence Against Women Act (VAWA) 1.7, 2.38
Cancellation of Removal 2.38(B), 2.38(C)
Domestic Violence Waiver 2.38(C)
Good Moral Character Exceptions to Normal Rule 2.14, 2.38(A)
NACARA 2.23, 2.38(A)
Self-Petition 2.38
Suspension of Deportation 2.36(D)
“T” Visa 1.7, 2.27
“U” Visa 1.7, 2.28
Voluntary Departure 2.43
Waiver Under INA § 212(c) 2.38(A)
Waiver Under INA § 212(g) 2.38(A)
Violence Against Women Act (cont’d)
Waiver Under INA § 212(h) 2.38(A), 2.38(B), 2.45
Waiver Under INA § 212(i) 2.38(A)
Violent Crimes see Crimes of Violence; Waiver Under INA § 212(h)
Virgin Islands see Jurisdiction
Visa Fraud
See also Document Fraud
VAWA see Violence Against Women Act
Waiver 2.46(D)
Visa
“J” Visa as Bar to Cancellation for non-LPR 2.5
Non-Immigrant Visas, Waiver of Inadmissibility 2.46(E)
“S” Visa 2.26
“T” Visa 2.27
“U” Visa 2.28
Waiver see Waivers; Waiver Under INA § 212(h); Waiver Under INA § 212(c)
Voluntary Departure 1.7, 2.39 ff.
After Removal Proceedings 2.43
Aggravated Felony Bar 2.41-2.42
Arriving Aliens 2.41
Before Removal Proceedings 2.40
Bond 2.41-2.42
During Removal Proceedings 2.41
Effective Date 2.39
Failure to Depart 2.43
Motion to Reopen 2.43
Good Moral Character 2.14, 2.43
Political Asylum 2.42
Stay of Removal Order 2.43
Violence Against Women Act 2.43
Voluntary Manslaughter see Manslaughter
W/X/Y/Z
Waiver Under INA § 212(h) 1.7, 2.45
Controlled Substances 2.17(B), 2.45
Crime of Moral Turpitude 2.45
Equal Protection 2.45
Expedited Removal 2.45
For LPR 2.45
For non-LPR 2.45
International Law 2.45
No Stop-Time Rule 2.45
Nunc Pro Tunc 2.45
Prostitution 2.45
Violence Against Women Act 2.45
Violent and Dangerous Crimes 2.45
Waiver Under INA § 212(c) 1.7, 2.44
Adjustment of Status 2.44(C), 2.44(I)
Affirmative Application for Relief 2.44(J)
Analogous Grounds of Inadmissibility 2.44(C)
Burden of Proof 2.44(D)
Crimes of Moral Turpitude 2.44(A)
Due Process 2.44(B), 2.44(H)
Effective Date of Repeal of Waiver 2.44
Eligibility After Deportation 2.44(K)
Eligibility at Date of Plea Agreement 2.44(D)
Entry Without Inspection 2.44(C)
Equal Protection 2.44(C)
Firearms Convictions 2.44(C)
Five Year Custody Bar 2.44(E)
History 2.44(A)
Illegal Entry 2.44(C)
In Combination With Other Relief 2.44(I)
Jury Trial Convictions 2.44(J)
Lawful Domicile 2.44(F)
Motion to Reopen 2.44(L)
Offenses Not Deportable at the Time of Conviction 2.44(H)
Plea Agreement 2.44(B), 2.44(D)
Retroactivity of Repeal 2.44(A), 2.44(B)
Slow Plea 2.44(J)
Stop-Time Rule 2.44(G)
Violence Against Women Act 2.38(A)
Waiver of Rights, Violations see Post-Conviction Relief
Waivers
See also Waiver Under INA § 212(h); Waiver Under INA § 212(c)
Alien Smuggling Waiver 2.46(C)
Document Fraud Waivers 2.46(B)
Domestic Violence 2.38(C)
Medical Waiver Under INA § 212(g) 2.46(A)
Non-Immigrant Visa Waiver 2.46(E)
Registry 2.34
Special Immigrant Juvenile Waivers of Inadmissibility 2.46(F)
Waiver of Inadmissibility for “S” Visa Applicant 2.26
Waiver Under INA § 212(i) 2.46(B)
Weapons Offenses see Firearms; Crime of Violence
Withholding of Removal 1.7, 2.47
See also Convention Against Torture; Political Asylum
Aggravated Felony Bar With Five-Year Sentence Imposed 2.47
Controlled Substances 2.47
Particularly Serious Crime 2.47
Persecution 2.45, 2.37
Witness Bribery see Bribery
Witness to Crime
“S” Visa 2.26
“U” Visa 2.28
Year, Definition 3.62(B)(3)
Youthful Offender Dispositions see Juveniles
Youth Offender Exception to Inadmissibility see Juveniles
