Aggravated Felonies
- §3.1 I. Introduction
- §3.2 II. Elements of the Aggravated Felony Deportation Ground
- §3.3 A. Alienage
- §3.4 1. United States Citizens
- §3.5 2. Nationals of the United States
- §3.6 3. American Indians Born in Canada
- §3.7 B. Conviction
- §3.8 C. Conviction Must be for a Crime
- §3.9 D. After the Effective Date
- §3.10 E. After Admission
- §3.11 1. Statutory Definition of "Admission"
- §3.12 2. Any Admission
- §3.13 3. Adjustment as Admission
- §3.14 4. Returning LPRs Seeking Admission
- §3.15 F. Of Attempt, Conspiracy, or Commission of a Substantive Criminal Offense
- §3.16 1. Attempt
- §3.17 2. Conspiracy
- §3.18 3. Substantive Offenses
- §3.19 G. That Falls Within a Generic Aggravated Felony Category
- §3.20 H. Violation of the Law of a Listed Jurisdiction
- §3.21 1. Listed Jurisdictions
- §3.22 a. Federal Convictions
- §3.23 b. State Convictions
- §3.24 c. Foreign Convictions
- §3.25 i. Foreign Conviction Date
- §3.26 ii. Special Rules for Foreign Limitation Convictions
- §3.27 2. Unlisted Jurisdictions
- §3.28 a. Violations of Local Law
- §3.29 b. Violations of Indian Tribal Law
- §3.30 c. Convictions Under Military Law
- §3.31 III. The Nature of a Conviction
- §3.32 A. Statutory Definition of "Conviction"
- §3.33 B. Dispositions That Do Not Constitute Convictions
- §3.34 1. Deferred Prosecution
- §3.35 2. Deferred Verdict
- §3.36 3. Deferred Sentence
- §3.37 4. Defective Convictions
- §3.38 C. Acquittal
- §3.39 D. Dismissal Without Plea or Admission
- §3.40 E. Conviction by Court of Competent Jurisdiction
- §3.41 F. Juvenile Adjudications
- §3.42 G. Convictions in Absentia
- §3.43 H. Finality of Conviction
- §3.44 1. Direct Appeal
- §3.45 2. Slow Plea Dispositions
- §3.46 3. Late Appeal
- §3.47 I. Post-Conviction Relief from Conviction
- §3.48 IV. Unlisted Non-Substantive Offenses
- §3.49 A. Accessory After the Fact
- §3.50 B. Aiding and Abetting
- §3.51 C. Facilitation
- §3.52 D. Misprision of a Felony
- §3.53 E. Solicitation
- §3.54 F. Other Non-Substantive Offenses
- §3.55 V. Aggravated Felony Sentences
- §3.56 A. Classification of Aggravated Felonies Based on Sentence
- §3.57 B. Aggravated Felonies Based on Felony Level of Offense
- §3.58 1. Aggravated Misdemeanors
- §3.59 2. Felony Requirement for Crimes of Violence Under 18 U.S.C. 16(b)
- §3.60 3. Felony Requirement for Drug Trafficking Aggravated Felonies
- §3.61 C. Offenses that are Aggravated Felonies Only if 1 Year Sentence is Imposed
- §3.62 1. Definition of Sentence Imposed
- §3.63 2. Techniques for Avoiding a 1-Year Sentence
- §3.64 D. Aggravated Felonies Regardless of Sentence
- §3.65 E. Aggravated Felonies Defined in Terms of Potential Sentence
- §3.66 F. Post-Conviction Relief from Sentence
§ 3.31 (F)
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(F) Defective Convictions. Immigration counsel generally may not attack the validity, in immigration court, of a criminal conviction relied upon as a ground of deportation. There are two exceptions, however: (1) convictions rendered by a criminal court that lacked jurisdiction over the case, and (2) convictions rendered in absentia, where the defendant did not receive adequate notice of the proceedings. See § 3.37, infra.
