Aggravated Felonies



 
 

§ B.15 9. Robbery

 
Skip to § B.

For more text, click "Next Page>"

Updates

 

BIA

ROBBERY - CRIME OF VIOLENCE
Matter of SS, 22 I. & N. Dec. 458 (BIA Jan. 21, 1999) (Washington conviction of first-degree robbery of an occupied home while armed with a handgun, in violation of Wash. Rev. Code § 9A.56.200(1), with a sentence to 55 months imprisonment, is an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes of constituting a "particularly serious crime" rendering the noncitizen ineligible for withholding of removal under INA § 241(b)(3)(B)(ii)), overruled on other grounds by Matter of YL, 23 I. & N. Dec. 270 (BIA Mar. 5, 2002).
ROBBERY - CRIME OF VIOLENCE
Matter of LSJ, 21 I. & N. Dec. 973 (BIA July 29, 1997) (Florida conviction of robbery using a handgun with a sentence of two and a half years in prison constitutes an aggravated felony, within the meaning of INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), as a crime of violence for which the sentence is at least one year).

Second Circuit

ROBBERY - THEFT OFFENSE
Perez v. Greiner, 296 F.3d 123, 126 n.5 (2d Cir. July 19, 2002) (New York conviction for second degree robbery in violation of N.Y. Penal L. § 160.10(1), is an "aggravated felony" under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G)).
ROBBERY - ATTEMPT
United States v. Fernandez-Antonia, 278 F.3d 150 (2d Cir. Jan. 29, 2002) (New York conviction for attempted robbery in the third degree, in violation of N.Y. Penal Law § 110.00, met the definition of "aggravated felony" under INA § 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), for purposes of illegal re-entry sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A), despite the argument that the New York statute defining "attempt" includes additional activity that is not included in "attempt" under federal law, since the court must consider state judicial decisions interpreting the state statute, and is not limited to the words of the statute itself).

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. Tellez-Martinez, 517 F.3d 813 (5th Cir. Feb. 19, 2008) (California conviction of robbery, in violation of Penal Code 211, constitutes a crime of violence for sentencing purposes, rejecting argument that the state conviction does not constitute a crime of violence because it may be violated not only by the use of force but also by threats to property: "Although Tellez maintains that a conviction under the California robbery statute is not a crime of violence because the statute criminalizes threats to property as well as persons, his assertion is based on a misunderstanding of the essential language of the statute defining robbery as a crime committed: (1) directly against the victim or in his presence; and (2) against his will. Like the Texas statute at issue in Santiesteban-Hernandez, the California robbery statute involves the misappropriation of property under circumstances involving danger to the person. 469 F.3d at 380. Regardless of how the robbery occurs, that danger is inherent in the criminal act. Thus, even when the statute is violated by placing the victim in fear of injury to property, the property has been misappropriated in circumstances "involving [immediate] danger to the person." Id. (alteration in original).").).
AGGRAVATED FELONY - CRIME OF VIOLENCE - BANK ROBBERY
United States v. Dentler, 492 F.3d 306 (5th Cir. No. Jul. 3, 2007) (federal conviction in violation of 18 U.S.C. 2113(a), of attempted entry of a bank with intent to commit robbery, is not a crime of violence for Armed Career Criminal Act sentencing provisions).
AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. Santiesteban-Hernandez, __ F.3d __, 2006 WL 3072564 (5th Cir. Oct. 31, 2006) (Texas conviction for violation of Penal Code 29.02(a)(1), robbery, is a crime of violence for illegal re-entry sentencing purposes, since the "crime of violence" definition, U.S.S.G. 2L1.2(b)(1)(A)(ii), specifically includes "robbery" convictions, and the Texas offense falls within the generic definition of "robbery" [requiring theft and immediate danger to a person]).
http://caselaw.lp.findlaw.com/data2/circs/5th/0550399cr0p.pdf

Sixth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
Thap v. Mukasey, 544 F.3d 674 (6th Cir. Oct. 15, 2008) (California conviction of second-degree robbery, in violation of Penal Code 211, constitutes an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) and 18 U.S.C. 16(b), since by its nature there is a substantial risk that physical force will be used in its commission, even though the elements require only force rather than physical force).

Lower Courts of Seventh Circuit

ARMED ROBBERY - THEFT OFFENSE
Hernandez-Gonzalez v. Moyer, 907 F.Supp. 1224, 1227 (N.D.Ill. Dec. 8, 1995) (Illinois conviction of armed robbery constitutes a theft offense, with a sentence imposed of at least five years, and is therefore an aggravated felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(43)(G) for immigration purposes).

Eighth Circuit

ROBBERY - CRIME OF VIOLENCE
United States v. Valladares, 304 F.3d 1300 (8th Cir. Sept. 26, 2002) (California conviction for second-degree robbery under Penal Code § 211 constituted an aggravated felony within meaning of version of Sentencing Guidelines in effect at time of defendants current offense, so that application of amended guideline, which provided for the same increase, did not violate the Ex Post Facto clause).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ROBBERY
United States v. Jones, 877 F.3d 884 (9th Cir. Dec. 15, 2017) (Arizona conviction for armed robbery, under A.R.S. 13-1904, is not a violent felony for purposes of the ACCA, because Arizona's armed robbery does not require the use of force), following United States v. Molinar, 876 F.3d 953 (9th Cir. 2017).

AGGRAVATED FELONY " CRIME OF VIOLENCE " ROBBERY United States v. Jones, 877 F.3d 884 (9th Cir. Dec. 15, 2017) (Arizona conviction for armed robbery, under A.R.S. 13-1904, is not a violent felony for purposes of the ACCA, because Arizona's armed robbery does not require the use of force), following United States v. Molinar, 876 F.3d 953 (9th Cir. 2017).
AGGRAVATED FELONY " CRIME OF VIOLENCE " ROBBERY
United States vs. Sanchez Molinar, 876 F.3d 953 (9th Cir. Nov. 29, 2017) (Arizona conviction for robbery, in violation of Ariz. Rev. Stat. 13-1904(A), which includes merely possessing a fake gun during the commission of a robbery without mentioning or brandishing it, is not a crime of violence for purposes of the ACCA because the minimum conduct necessary to commit the offense is not sufficiently violent for to qualify as a crime of violence under Johnson v. United States, 559 U.S. 133 (2010)).
AGGRAVATED FELONY " CRIME OF VIOLENCE " ROBBERY
United States vs. Sanchez Molinar, 876 F.3d 953 (9th Cir. Nov. 29, 2017) (Arizona conviction for robbery, in violation of Ariz. Rev. Stat. 13-1904(A), which includes merely possessing a fake gun during the commission of a robbery without mentioning or brandishing it, is not a crime of violence for purposes of the ACCA because the minimum conduct necessary to commit the offense is not sufficiently violent for to qualify as a crime of violence under Johnson v. United States, 559 U.S. 133 (2010)).
AGGRAVATED FELONY " CRIME OF VIOLENCE " ROBBERY
United States v. Prince, __ F.3d __ (9th Cir. Nov. 24, 2014) (California conviction for violation of Penal Code 211, robbery, is a violent felony under the residual clause for purposes of the Armed Career Criminals Act, as an offense that poses a serious risk of physical injury to another).
AGGRAVATED FELONY - CRIME OF VIOLENCE - THEFT
United States v. Alderman, 601 F.3d 949 (9th Cir. Apr. 15, 2010) (Washington conviction for violation of RCW 9A.56.030, theft from the body of a person, was a crime of violence for purposes of the ACCA, because of the risk of use of force in commission of the offense).
AGGRAVATED FELONY - CRIME OF VIOLENCE
United States v. Harris, 572 F.3d 1065 (9th Cir. Jul. 24, 2009) (Nevada convictions for robbery and attempted robbery, in violation of Nevada Revised Statutes, 200.380 categorically qualified as "crimes of violence" under U.S.S.G. 4B1.2, for purposes of aggravated federal sentencing under the ACCA, since any offense punishable under that statute that does not qualify as a "robbery," does qualify as an "extortion."), following United States v. Becerril-Lopez, 541 F.3d 881, 892 (9th Cir.2008).

NOTE: In the aggravated felony context, this case may support an argument that the Nevada statute is not necessary a crime of violence, since "[t]he degree of force used is immaterial if it is used to compel acquiescence to the taking of or escaping with the property" N.R.S. 200.380.
AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. Becerril-Lopez, 528 F.3d 1133 (9th Cir. Jun.12, 2008) (California conviction of robbery, in violation of Penal Code 211, constituted crime of violence, for purposes of 16-level enhancement of illegal reentry sentence under USSG 2L1.2(b), which contains no reference to 18 U.S.C. 16(b)), distinguishing United States v. McDougherty, 920 F.2d 569, 574 (9th Cir. 1990) (holding California robbery, under Penal Code 211, constituted a crime of violence under USSG 4B1.2 commentary language as well as 18 U.S.C. 16(b), covering any felony that involved a "substantial risk" that physical force may be used "against the person or property of another", a definition broader than the definition contained in 4B1.2 alone, which identified only those crimes presenting a substantial risk of physical injury to another person (not to property).).
AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. David H., 29 F.3d 489, 494 (9th Cir. 1994) (California conviction of robbery, in violation of Penal Code 211, constitutes a crime of violence under 18 U.S.C. 5032, which dictates when juvenile offenders may be transferred to adult status, relying on "crime of violence" definition contained in 18 U.S.C. 16(b), although 5032 contained no definition of "crime of violence" of its own), citing United States v. Baker, 10 F.3d 1374, 1393-94 (9th Cir. 1993).

Tenth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. Juarez-Galvan, 572 F.3d 1156 (10th Cir. Jul.20, 2009) (California conviction of robbery, in violation of Penal Code 211, constituted a crime of violence for illegal reentry sentencing purposes, because robbery is an offense enumerated under U.S.S.G. 2L1.2(b)(1)(A)(ii)).
AGGRAVATED FELONY - CRIME OF VIOLENCE - CALIFORNIA ROBBERY DID NOT QUALIFY AS GENERIC ROBBERY UNDER GUIDELINES
United States v. Servin-Acosta, 534 F.3d 1362 (10th Cir. Jul. 30, 2008) (California conviction for robbery, in violation of Penal Code 211, is not categorically a generic "robbery" offense, and thus a crime of violence, under USSG 2L1.2(b), for illegal re-entry sentencing purposes; Penal Code 211 is broader than generic robbery in that it includes the use of force in escaping after the taking has occurred), agreeing with United States v. Becerril-Lopez, 528 F.3d 1133, 1140-42 (9th Cir. 2008).

 

TRANSLATE