Safe Havens

(A)  Aggravated Felonies.[54]  See § 7.40, supra.

            The aggravated felony statute includes: “an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year.”[55]

Second Circuit:

Sui v. INS, 250 F.3d 105 (2d Cir. May 11, 2001) (federal conviction of violating 18 U.S.C. § 513(a), possession of counterfeit securities with intent to deceive, does not necessarily constitute an attempt to pass counterfeit securities and cause a loss, and is therefore not an “attempt” to commit an aggravated felony under INA § 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U), so as to trigger deportability).

[54] See N. Tooby, Aggravated Felonies § 5.12 (2003).

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