Safe Havens

(A)  Elements of the Aggravated Felony Category.  The aggravated felony statute includes “illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18, United States Code) or in explosive materials (as defined in section 841(c) of that title) . . . .” [564]  This ground therefore has the following elements:

            (1)  a conviction of an offense that is

            (2)  illicit trafficking

            (3)  in firearms or destructive devices (as defined in section 921 of title 18, United States Code), or

            (4)  in explosive materials (as defined in section 841(c) of that title).

            Unlike the drug trafficking definition, the firearms trafficking definition is limited to the common-sense definition of “trafficking,” and resort is had to federal statutes only to define the “firearms,” “destructive devices,” or “explosives” that must be the subject of the illicit trafficking.  For purposes of determining whether an offense involves illicit trafficking in firearms,[565] “firearms” and “destructive devices” are defined in 18 U.S.C. § 921(a)(3). 

            Illicit trafficking in explosive materials (as defined in 18 U.S.C. § 841(c)) also constitutes an aggravated felony.[566]  “‘Explosive materials’ means explosives, blasting agents, and detonators.”[567]  “Explosives” “means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion . . . .”[568]  “The Secretary shall publish and revise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this chapter.”[569]

[564] INA § 101(a)(43)(C), 8 U.S.C. § 1101(a)(43)(C).

[565] INA § 101(a)(43)(C), 8 U.S.C. § 1101(a)(43)(C).

[566] INA § 101(a)(43)(C), 8 U.S.C. § 1101(a)(43)(C).

[567] 18 U.S.C. § 841(c).

[568] 18 U.S.C. § 841(d).

[569] Ibid.