Aggravated Felonies



 
 

§ B.44 9. Trespass

 
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Fifth Circuit

TRESPASS - CRIME OF VIOLENCE
United States v. Delgado-Enriquez, 188 F.3d 592 (5th Cir. Sept. 10, 1999) (Colorado conviction of first-degree criminal trespass by one who "knowingly and unlawfully enters or remains in a dwelling or if he enters any motor vehicle with intent to steal anything of value" in violation of Colo.Rev.Stat. Ann. § 18-4-502, was crime of violence under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) and 18 U.S.C. § 16(b), warranting 16-level enhancement of sentence under U.S.S.G. § 2L1.2(b)(1)(A) for illegal re-entry, since entering or remaining in a dwelling of another creates a substantial risk that physical force will be used against the residents in the dwelling).

Eighth Circuit

AGGRAVATED FELONY - FRAUD OFFENSE - UNAUTHORIZED COMPUTER ACCESS
Tian v. Holder, 576 F.3d 890 (8th Cir. Aug. 19, 2009) (federal conviction of unauthorized access to a computer, in violation of 18 U.S.C. 1030(a)(4), qualifies as a fraud or deceit aggravated felonyconcession by respondent, not holding of case).
AGGRAVATED FELONY - FRAUD OFFENSES - UNAUTHORIZED ACCESS TO COMPUTER
Tian v. Holder, 576 F.3d 890, 895 (8th Cir. Aug. 19, 2009) (federal conviction of unauthorized access to a computer, in violation of 18 U.S.C. 1030(a)(4), qualifies as a fraud or deceit aggravated felony under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), because respondent conceded as much; thus, the question whether this conviction qualified as such was not presented to the court of appeal).

Tenth Circuit

FELONY TRESPASS - CRIME OF VIOLENCE
United States v. Venegas-Onelas, 348 F.3d 1273 (10th Cir. Nov. 14, 2003) (Colorado conviction for first-degree criminal trespass of a dwelling, in violation of Colo.Rev.Stat. Ann. § 18-4-502, held to be a crime of violence aggravated felony within the meaning of INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), 18 U.S.C. § 16(b), since the crime, "by its nature," poses a substantial risk that the defendant will intentionally use destructive or violent force to enter or subdue the occupants in the commission of the offense, triggering an eight-level enhancement of illegal re-entry sentence under U.S.S.G. § 2L1.2(b)(1)(C)).

 

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