(B)  Safe Havens Specific to this Category.  A federal conviction for an unlisted statute cannot trigger deportation.  A state conviction under a statute that includes wider behavior than the analogous federal statute, for which the record of conviction does not establish that the elements of the offense of conviction clearly fall entirely within one of the listed federal statutes cannot trigger deportation under this category.  A first conviction of violating 18 U.S.C. § 1084 cannot trigger this ground of deportation.

Ninth Circuit

AGGRAVATED FELONY " RACKETEERING
Murillo-Prado v. Holder, __ F.3d __ (9th Cir. Nov. 20, 2013) (Arizona conviction for illegally conducting an enterprise is not categorically an aggravated felony RICO conviction, but the record of conviction established respondent was convicted of aggravated felony racketeering). Note: This holding may be inconsistent with Bautista v. Atty Gen. of the U.S., ___ F.3d ___ (3d Cir. Feb. 21, 2014)(New York conviction of attempted arson in the third degree, in violation of Penal Law 110 and 150.10, did not categorically constitute a match for the elements of 18 U.S.C. 844(i), and is therefore not an aggravated felony under INA 101(a)(43)(E)(i), 8 U.S.C. 1101(a)(43)(E)(i), because the New York arson statute does not require the federal jurisdictional element that the object of the arson be used in interstate commerce, as the corresponding federal statute does, which the Supreme Court has found to be a critical and substantive element of that arson offense, so it did not disqualify him from eligibility for cancellation of removal under INA 240A(a)(3), 8 U.S.C. 1229b(a)(3)).

AGGRAVATED FELONY " RACKETEERING "ARIZONA RICO
Murillo-Prado v. Holder, 735 F.3d 1152, 1157 (9th Cir. Nov. 20, 2013) (Arizona conviction for racketeering, in violation of Ariz.Rev.Stat. 13"2301, is not categorically a RICO aggravated felony offense, because Arizona's definition of racketeering includes two offenses not explicitly listed in its federal counterpart: (1) [i]ntentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands, and (2) making [o]bscene or indecent telephone communications to minors for commercial purposes,).