BIA

MISPRISION OF FELONY - OBSTRUCTION OF JUSTICE
Matter of Espinoza, 22 I. & N. Dec. 889 (BIA June 11, 1999) (en banc) (federal conviction for misprision of a felony under 18 U.S.C. § 4 does not constitute a conviction for an aggravated felony under INA § 101(a)(43)(S), 8 U.S.C. 1101(a)(43)(S), as an offense relating to obstruction of justice), distinguishing Matter of Batista-Hernandez, 21 I. & N. Dec. 955 (BIA July 15, 1997)).

Fifth Circuit

AGGRAVATED FELONY - FRAUD - MISPRISON OF A FELONY
Patel v. Mukasey, 526 F.3d 800 (5th Cir. Apr. 29, 2008) (federal conviction for violation of 8 U.S.C. 4, misprision of a felony was an aggravated felony under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i) because it necessarily entails deceit; in this particular case the loss to the victim, which exceeded $10,000, was not disputed by the parties).

AGGRAVATED FELONY - MISPRISON OF A FELONY - MISPRISON OF A FELONY
Patel v. Mukasey, 526 F.3d 800 (5th Cir. Apr. 29, 2008) (federal conviction for violation of 8 U.S.C. 4, misprision of a felony was an aggravated felony under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i) because it necessarily entails deceit and in the particular case the loss to the victim, which exceeded $10,000, was not disputed by the parties).

Other

SAFE HAVENS " MISPRISON OF A FELONY
Active concealment, whether physical or verbal, is required for the elements [of misprision of a felony] to be established. See Christopher Mark Curenton, The Past, Present, and Future of 18 U.S.C. 4: An Exploration of the Federal Misprision of Felony Statute, 55 ALA. L. REV. 183, 185"86 (2003) (explaining the dichotomy between physical and verbal concealment, and noting the heightened standard for verbal concealment to include cases such as knowingly providing the police with completely false information); see also Roberts v. United States, 445 U.S. 552, 558 n.5 (1980) (requiring some affirmative act of concealment); United States v. Worcester, 190 F. Supp. 548, 565"66 (D. Mass. 1960) (summarizing federal court holdings as requiring active concealment rather than mere failure to disclose for the establishment of the crime of misprision of felony).