Aggravated Felonies

The INA defines as an aggravated felony: “a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) for which the term of imprisonment [is] at least one year.”[100]  The crime of violence statute referred to has two alternative tests: (a) any offense (including misdemeanors) whose elements require use or threat of force against the person or property of another,[101] or (b) felony offenses whose elements carry a substantial risk that force may be used in the commission of the offense.[102]

The definition of a “crime of violence” may differ upon the context.  While the term has always been defined under 18 U.S.C. § 16 for purposes of defining an aggravated felony for immigration purposes, at least two different definitions have been used to find an offense is a crime of violence for illegal re-entry sentencing purposes.[103]  Cases under any one of these three different definitions of “crime of violence” do not necessarily apply to the others.

[100] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).

[101] See § § 5.17-5.22, infra.

[102] See § § 5.23-5.31, infra.

[103] See § 4.40, supra.