This discussion will focus on the definitions of particular aggravated felony offenses, organized alphabetically according to the name of the offense in question.  Remember that any given conviction may fall within more than category.[1]

 

This chapter also notes four common non-substantive offenses: accessory after the fact, aiding and abetting, misprision of a felony, and solicitation that should not be considered aggravated felonies, as well as discussing attempt or conspiracy to commit an aggravated felony, which do trigger removal.  These non-substantive offenses are discussed in detail in Chapter 3, supra.

 

[1] According to the Third Circuit, certain “hybrid” offenses must meet all relevant portions of the definition to qualify as an aggravated felony.  Nugent v. Ashcroft, 367 F.3d 162 (3d Cir. May 7, 2004) (because theft by deception falls in both the theft and fraud portions of the aggravated felony definition, a conviction for theft by deception must (a) be punished by at least one year imprisonment, and (b) have a loss to the victims in excess of $10,000).

AGGRAVATED FELONY " DOMESTIC VIOLENCE " CORPORAL INJURY TO SPOUSE
Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir. 2010) (California conviction of corporal injury of a spouse constitutes a crime of violence, and thus is a crime of domestic violence, INA 237(a)(2)(E)(i), 8 U.S.C. 237(a)(2)(E)(i), for immigration purposes).

Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - GUIDELINES DEFINITIONS DIFFER FROM IMMIGRATION DEFINITION AND FROM EACH OTHER
United States v. Becerril-Lopez, 528 F.3d 1133 (9th Cir. Jun.12, 2008) (Guidelines definitions of crime of violence differ from immigration definition and from each other); United States v. Beltran-Mungia, 489 F.3d 1042, 1049 (9th Cir. 2007) (a state crime that satisfies the "crime of violence" definition in USSG 4B1.2 does not automatically satisfy the definition in 2L1.2, since 4B1.2 has "materially different" wording from 2L1.2; while 4B1.2 contains a catch-all for crimes presenting a "serious potential risk of physical injury," 2L1.2 covers only those crimes that involve "the use, attempted use, or threatened use of physical force against the person of another.").

AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION
United States v. Figueroa-Ocampo, __ F.3d __, 2007 WL 2104787 (9th Cir. July 24, 2007) (under the Supreme Court's recent decision in Lopez v. Gonzales, 127 S. Ct. 625 (2006), simple possession cannot be treated as an aggravated felony for sentencing purposes unless possession of the particular drug would be a felony if prosecuted under federal law).

AGGRAVATED FELONY - CHOICE OF DHS WHAT TO CHARGE
Bobb v. Atty Gen. of the United States, __ F.3d __ (9th Cir. Aug. 3, 2006) (the DHS is not required to charge noncitizens under the aggravated felony category that best describes the offense of conviction; DHS can charge under any category as long as the offense falls within that category), but see Nugent v. Ashcroft, 367 F.3d 162 (3d Cir. 2004) [offense that is both fraud and theft must meet both sentence and loss requirements]. http://caselaw.lp.findlaw.com/data2/circs/3rd/052891p.pdf