Aggravated Felonies

The INA includes as an aggravated felony “an offense described in [INA] § § 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph . . . .”[477]   The statutes referred to are codified in 8 U.S.C. § § 1325(a) and 1326. 

This ground therefore has the following elements:

            (1)  a conviction of an offense

            (2)  described in 8 U.S.C. § § 1325(a) (illegal entry) or 1326 (illegal re-entry after deportation)

            (3)  committed by an alien who was previously deported

            (4)  on the basis of a conviction for an offense that is an aggravated felony other than one that is described in 8 U.S.C. § § 1325(a) or 1326.

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