(G)  General Aggravated Felony Safe Havens.  It is important to examine the checklist of general aggravated felony safe havens to determine whether each offense or conviction being examined falls within one or more of the safe havens listed there.  See § 7.29, supra.

Second Circuit

AGGRAVATED FELONY " PROMOTING PROSTITUTION
Prus v. Holder, 660 F.3d 144 (2d Cir. Sept. 28, 2011) (New York conviction for promoting prostitution in the third degree, under New York Penal Law 20.00 and 230.25, does not constitute an aggravated felony within the meaning of INA 101(a)(43)(K)(i), 8 U.S.C. 1101(a)(43)(K)(i), because New York law defines prostitution more broadly than the generic federal definition of this aggravated felony offense).

AGGRAVATED FELONY " PROSTITUTION OFFENSES " DEFINITION OF PROSTITUTION
Prus v. Holder, 660 F.3d 144 (2d Cir. Sept. 28, 2011) (per curiam) (prostitution in INA 101(a)(43)(K)(i) refers to promiscuous sexual intercourse for hire.); deferring to Matter of Gonzales"Zoquiapan, 24 I & N Dec. 549, 553 (BIA 2008) (prostitution in INA 212(a)(2)(D), which relates to the inadmissibility of aliens entering the United States to engage in prostitution, means promiscuous sexual intercourse for hire. 22 C.F.R. 40.24(b).).

AGGRAVATED FELONY - TRAVELLING TO ENGAGE IN PROSTITUTION
Gertsenshteyn v. Mukasey, 544 F.3d 137 (2d Cir. Sept. 25, 2008) (federal conviction of violating and conspiring to violate 18 U.S.C. 2422(a), enticing individuals to travel in interstate or foreign commerce to engage in prostitution, did not constitute an aggravated felony under INA 101(a)(43)(K)(ii), 8 U.S.C. 1101(a)(43)(K)(ii) ("an offense that ... is described in section 2421, 2422 or 2423 of Title 18 ... if committed for commercial advantage"), because the government cannot go outside the elements of which the noncitizen was convicted, nor outside the record of conviction; this aggravated felony ground is not a nullity since certain state statutes qualifying under this aggravated felony ground, and, now, one of the federal statutes listed, do have commercial advantage as an element and the record of conviction may contain proof of this element).

Seventh Circuit

AGGRAVATED FELONY " PROSTITUTION BUSINESS " IMPORTING NONCITIZENS FOR PURPOSES OF PROSTITUTION
Rosario v. Holder, 655F.3d 739 (7th Cir. Aug. 24, 2011) (federal conviction for aiding and abetting a conspiracy to import a noncitizen for the purpose of prostitution, in violation of 8 U.S.C. 1328, is not categorically an aggravated felony offense that relates to the owning, controlling, managing or supervising of a prostitution business, INA 101(a)(43)(K)(i), 8 U.S.C. 1101(a)(43)(K)(i), and so does not categorically constitute an aggravated felony under that statute, where a conviction may be had where defendant simply provided condoms to a house of prostitution, or were importation was for personal, rather than business purposes).

AGGRAVATED FELONY " PROSTITUTION BUSINESS " DEFINITION
Rosario v. Holder, ___F.3d ___, 2011 WL 3715279 (7th Cir. Aug. 24, 2011) (The INA requires that the offense relate to the owning, controlling, managing or supervising of a prostitution business. INA 101(a)(43)(K)(i); 8 U.S.C. 1101(a)(43)(K)(i) (emphasis added). Those terms are not defined in the INA, and so we give them their plain, ordinary meaning. Smith v. United States, 508 U.S. 223, 228, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993) ( When a word is not defined by statute, we normally construe it in accord with its ordinary or natural meaning. ) (quoting Perrin v. United States, 444 U.S. 37, 42, 100 S.Ct. 311, 62 L.Ed.2d 199 (1979)). In ordinary usage, to own something is to have or hold as property or appurtenance. Webster's Third New International Dictionary 1612 (1993). To control a thing is to exercise restraint or direction over; dominate, regulate, or command. Webster's College Dictionary 297 (1991); see also Webster's New Collegiate Dictionary 285 (9th ed.1983) (defining control as the power or authority to guide or manage). To manage is to control and direct, Webster's Third New International Dictionary 1372 (1993), and to supervise is to oversee with the powers of direction and decision, id. at 2296; see also Webster's New World Dictionary, 1430 (2d ed.1974) (supervise [means] to oversee, direct, or manage ...). The inclusion of these terms as plainly understood requires that the underlying offense not simply stand in some relation to or have bearing or concern with prostitution or a prostitution business, but that the actual statute of conviction stand in some relation to or have bearing or concern with some degree of decision-making authority or position of power in a prostitution business.).

Ninth Circuit

SAFE HAVEN - 18 U.S.C. 1589
A conviction of coercing labor, in violation of 18 U.S.C. 1589, does not constitute an aggravated felony under INA 101(a)(43)(K)(iii), 8 U.S.C. 1101(a)(43)(K)(iii), which lists only neighboring provisions. This offense appears to be divisible with respect to whether it constitutes a crime involving moral turpitude. Subsections (1) and (2) appear would be crimes of moral turpitude if committed by means of threats of serious harm to a person, at least if construed as serious bodily harm. If the harm includes non-physical harm, or even physical harm no matter how insignificant, there might be an argument the conviction is not a crime of moral turpitude. See United States v. Belless (9th Cir.); CMT decisions holding simple assault and battery are not CMTs. Physical restraint might not constitute CMT, since the language appears to be restraint no matter how minor, since false imprisonment is not a CMT because of the de minimus possibility. The offense defined under (3), coercing labor by abuse or threatened abuse of law or the legal process, is arguably not a CMT since the determination of abuse of process can be highly technical and seems akin to a regulatory offense: there is nothing wrong about threatening litigation except sometimes it is regulated.
The statute, 18 U.S.C. 1589, is labeled "Forced labor" and provides: Whoever knowingly provides or obtains the labor or services of a person - (1) by threats of serious harm to, or physical restraint against, that person or another person; (2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) by means of the abuse or threatened abuse of law or the legal process, shall be fined under this title or imprisoned not more than 20 years, or both.  If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

Other

AGGRAVATED FELONY " CHILD PORNOGRAPHY
Section 101(a)(43)(I) of the Act defines as an aggravated felony an offense described in section 2251, 2251A, or 2252 of title 18, United States Code (relating to child pornography). However, the statute does not expressly list 18 USC 2252A " knowingly possess child pornography. In their current forms, the possession provisions of 2252 and 2252A are almost identical, but 2252A applies to a greater amount of material because the term "child pornography" therein applies to both actual and virtual child pornography. Additionally, section 2252A prohibits "knowingly possess[ing] . . . any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography." On the other hand, the preceding section 2252 prohibits "knowingly possess[ing] ... 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction," the production of which involved "the use of a minor engaging in sexually explicit conduct." Thanks to Raymond Reza Bolourtchi

AGGRAVATED FELONY - PROSTITUTION
There could arguably be offenses relating to the "attempted promotion" of prostitution that dont come under 101(a)(43)(K)(i)which deploys 4 verbs:

 "owning, controlling, managing or supervising of a prostitution business." Those are specific verbs, seemingly aimed at the top end of the enterprise. Not everyone who has ever been involved with the prostitution business has "owned, controlled," etc; so there might be a statutory argument that an offense such as employment at a house of prostitution (i.e. as a receptionist) is not an aggravated felony.