Lower Courts of Second Circuit

FAILURE TO APPEAR TO FACE CHARGES
Barnaby v. Reno, 142 F.Supp.2d 277 (D.Conn. May 9, 2001) (Connecticut conviction for failure to appear when legally called, in violation of Conn.Gen. Stat. Ann. § 53a-172, held not to be an aggravated felony, under INA § 101(a)(43)(T), 8 U.S.C. 1101(a)(43)(T), for deportation purposes, since even if executed by the defendant, appearance bond merely constituted a promise to appear and did not meet the court order requirement of the aggravated felony definition).

Ninth Circuit

AGGRAVATED FELONY - FAILURE TO APPEAR - FAILURE TO APPEAR
Renteria-Morales v. Mukasey, 551 F.3d 1076 (9th Cir. Dec. 12, 2008), withdrawing previous opinion, 532 F.3d 949 (9th Cir. July 10, 2008) (federal conviction of failure to appear, in violation of 18 U.S.C. 3146, qualifies as an aggravated felony obstruction of justice conviction, under INA 101(a)(43)(S), 8 U.S.C. 1101(a)(43)(S), if a sentence of one year or more was imposed, because the statute requires an intentional failure to appear; conviction is not an aggravated felony "failure to appear" conviction, under INA 101(a)(43)(T), 8 U.S.C. 1101(a)(43)(T).)

AGGRAVATED FELONY - FAILURE TO APPEAR - FAILURE TO APPEAR
Renteria-Morales v. Mukasey, 551 F.3d 1076 (9th Cir. Dec. 12, 2008), withdrawing previous opinion, 532 F.3d 949 (9th Cir. July 10, 2008) (federal conviction of failure to appear, in violation of 18 U.S.C. 3146, is broader than the aggravated felony definition of failure to appear, under INA 101(a)(43)(T), since 18 U.S.C. 3146 can be violated by failing to appear for a misdemeanor, for reasons other than to dispose of a charge, and based upon orders other than those issued by a court).

AGGRAVATED FELONY - FAILURE TO APPEAR
Renteria-Morales v. Mukasey, 532 F.3d 949 (9th Cir. Jul. 10, 2008) (federal conviction for failure to appear in court, in violation of 18 U.S.C. 3146 is not categorically an aggravated felony as defined by INA 101(a)(43)(Q) or (T); under the modified categorical approach, court was allowed to look to the record of conviction to determine the maximum punishment allowed for the underlying convictions and to determine whether the failure to appear was pursuant to "service of a sentence" or to "answer to or dispose of a charge of a felony.").