Third Circuit

ALIEN HARBORING
Patel v. Ashcroft, 294 F.3d 465 (3d Cir. June 20, 2002) (federal conviction of harboring an undocumented noncitizen, in violation of INA § 101(a)(1)(A), 8 U.S.C. § 1324(a)(1)(A), met the definition of an "aggravated felony" under INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N), for immigration purposes, despite the fact that defendant had no part in the harbored persons illegal admission or entry).

Eighth Circuit

ALIEN HARBORING
Gavilan-Cuate v. Yetter, 276 F.3d 418 (8th Cir. Jan. 9, 2002) (federal conviction of conspiracy to transport and harbor illegal aliens, in violation of INA §§ 274(a)(1)(A)(ii) and (iii), 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (iii), constituted aggravated felony under INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N), despite parenthetical mentioning smuggling).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " 18 U.S.C. 16(b) " FALSE IMPRISONMENT
Barragan-Lopez v. Holder, 705 F.3d 1112 (9th Cir. Jan. 29, 2013) (California conviction of false imprisonment, in violation of California Penal Code 210.5 [false imprisonment under 236, for purposes of protection from arrest, which substantially increases the risk of harm to the victim], is categorically a crime of violence under 18 U.S.C. 16(b), because it involves a substantial risk that force may be used, and petitioner was thus removable as an aggravated felon) under INA 101(a)(43)(F), 8 U.S.C. 1101(A)(43)(f)). Note: This case did not address California Penal Code 236 by itself, but rather as enhanced under Penal Code 210.5, which includes the additional element of specific intent of avoid arrest, substantially increasing the risk of harm to the victim.

ALIEN HARBORING
Castro-Espinosa v. Ashcroft, 257 F.3d 1130 (9th Cir. July 17, 2001) (federal conviction of harboring illegal aliens in violation of INA § 274(a)(1)(A)(iii), 8 U.S.C. § 1324(a)(1)(A)(iii) is an "aggravated felony," under INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N), for removal purposes).

Tenth Circuit

ALIEN HARBORING
United States v. Martinez-Candejas, 347 F.3d 853 (10th Cir. Oct. 21, 2003) (federal conviction: aggravated felony category of alien smuggling includes transportation and harboring for purposes of 16-level enhancement of illegal re-entry sentence under U.S.S.G. § 2L1.2(b)(1)(A)(vii) (2002) based on prior aggravated felony conviction).