Aggravated Felonies

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).