Aggravated Felonies

Two categories of aggravated felonies require the conviction must actually be a felony before it can be an aggravated felony under that category: 

            (1)  Drug trafficking aggravated felonies must be felonies to qualify as aggravated felonies.  See § 6.21, infra.

            (2)  Crimes of violence must be felonies to qualify as aggravated felony crimes of violence under 18 U.S.C. § 16(b).  See § 6.22, infra.

For these two categories, a felony conviction that is reduced by the sentencing court from a felony to a misdemeanor no longer constitutes a felony for immigration purposes, and the conviction therefore no longer constitutes an aggravated felony.  See § 6.23, infra.