Aggravated Felonies

(C)  Commercial Element Required.  No conviction of any offense should be considered to fall within this definition unless it has a requirement of commercial trafficking as an element.  The Second Circuit has held, however, that a conviction for conspiracy to export firearms and ammunition without a license constitutes a firearms trafficking offense warranting removal, despite the fact that the concept of “export” could include export for personal use, and thus the elements of the offense did not necessarily involve a commercial element so as to constitute “trafficking.”[383]  This is a poorly reasoned decision and should not be followed.

[383] Kuhali v. Reno, 266 F.3d 93 (2d Cir. 2001).