Aggravated Felonies



 
 

§ B.54 2. Illegal Re-entry After Deportation

 
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BIA

ILLEGAL ENTRY - ALIEN SMUGGLING
Matter of Alvarado-Alvino, 22 I. & N. Dec. 718 (BIA May 24, 1999) (federal conviction of illegal entry, in violation of INA § 275(a), 8 U.S.C. 1325, is not an aggravated felony under INA § 101(a)(43)(N), 8 U.S.C. 1101(a)(43)(N), which specifically refers to those offenses relating to alien smuggling described in INA § 274(a)(1)(A) and (2), 8 U.S.C. § 1324(a)(1)(A) and (2)).

Fifth Circuit

ILLEGAL ENTRY - ILLEGAL RE-ENTRY
Rivera-Sanchez v. Reno, 198 F.3d 545 (5th Cir. Dec. 30, 1999) (federal conviction of violating INA § 275(a), 8 U.S.C. 1325(a) illegal entry did not occur after the defendant had previously been deported, and so did not constitute an aggravated felony as defined in INA § 101(a)(43)(O), 8 U.S.C. 1101(a)(43)(O) for immigration purposes).
ILLEGAL ENTRY - ALIEN SMUGGLING
Rivera-Sanchez v. Reno, 198 F.3d 545 (5th Cir. Dec. 30, 1999) (federal illegal entry conviction of violating INA § 275(a), 8 U.S.C. 1325(a) is outside the ambit of INA § 101(a)(43)(N), 8 U.S.C. 1101(a)(43)(N), which is explicitly confined to convictions under INA § 274(a), 8 U.S.C. § 1324(a), and so is not an aggravated felony under that theory for immigration purposes).

 

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