Fifth Circuit

RICO OFFENSES
Alfarache v. Cravener, 203 F.3d 381, 384 (5th Cir. Feb. 22, 2000), cert. denied, 531 U.S. 813 (2000) (federal conviction of conspiracy to participate in a racketeering enterprise in violation of 18 U.S.C. § 1962(d), was an "aggravated felony" under INA § 101(a)(43)(J), 8 U.S.C. 1101(a)(43)(J), for immigration purposes).

Eighth Circuit

AGGRAVATED FELONY " RACKETEERING RICO OFFENSES " JURISDICTIONAL ELEMENT
Spacek v. Holder, 688 F.3d 536 (8th Cir. Jul. 31, 2012) (North Dakota state conviction of racketeering constituted aggravated felony racketeering conviction, under INA 101(a)(43)(J), 8 U.S.C. 1101 (a)(43)(J), for immigration purposes, even though the state statute omitted the federal jurisdictional element).

Ninth Circuit

AGGRAVATED FELONY " RACKETEERING
Murillo-Prado v. Holder, __ F.3d __ (9th Cir. Nov. 20, 2013) (Arizona conviction for illegally conducting an enterprise is not categorically an aggravated felony RICO conviction, but the record of conviction established respondent was convicted of aggravated felony racketeering). Note: This holding may be inconsistent with Bautista v. Atty Gen. of the U.S., ___ F.3d ___ (3d Cir. Feb. 21, 2014)(New York conviction of attempted arson in the third degree, in violation of Penal Law 110 and 150.10, did not categorically constitute a match for the elements of 18 U.S.C. 844(i), and is therefore not an aggravated felony under INA 101(a)(43)(E)(i), 8 U.S.C. 1101(a)(43)(E)(i), because the New York arson statute does not require the federal jurisdictional element that the object of the arson be used in interstate commerce, as the corresponding federal statute does, which the Supreme Court has found to be a critical and substantive element of that arson offense, so it did not disqualify him from eligibility for cancellation of removal under INA 240A(a)(3), 8 U.S.C. 1229b(a)(3)).

AGGRAVATED FELONY " RACKETEERING "ARIZONA RICO
Murillo-Prado v. Holder, 735 F.3d 1152, 1157 (9th Cir. Nov. 20, 2013) (Arizona conviction for racketeering, in violation of Ariz.Rev.Stat. 13"2301, is not categorically a RICO aggravated felony offense, because Arizona's definition of racketeering includes two offenses not explicitly listed in its federal counterpart: (1) [i]ntentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands, and (2) making [o]bscene or indecent telephone communications to minors for commercial purposes,).

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