Aggravated Felonies

The basic elements of the aggravated felony ground for removal are: (1) alienage, see § 3.3, infra; (2) conviction, see § § 3.7, 3.31-3.47, infra; (3) for a crime, see § 3.8, infra; (4) committed after the effective date, see § 3.9, infra; (5) after admission, see § 3.10, infra; (5) of attempt, conspiracy, or a substantive offense, see § § 3.15, 3.48-3.54, infra; (6) that falls within a generic aggravated felony category, see § 3.19, infra; (7) in violation of the law of a listed jurisdiction.  See § § 3.20-3.30, infra.  Unless each of these elements exists, the noncitizen is not deportable on account of this ground of deportation.  Whether a particular offense meets the federal “aggravated felony” definition is discussed in more detail in Chapter 5 (Aggravated Felony categories) and Appendix A (complete index of cases concerning whether a particular conviction falls within a particular Aggravated Felony category).