Safe Havens

(A)  Aggravated Felonies.

            Escape may be found to constitute an aggravated felony crime of violence if it satisfies the definition of crime of violence.[60]  Certain failure to appear offenses can constitute aggravated felonies.  See § § 7.73-7.75, supra.

District Courts:

Barnaby v. Reno, 142 F.Supp.2d 277 (D.Conn. May 9, 2001) (Connecticut conviction for failure to appear when legally called, in violation of Conn.Gen. Stat. Ann. § 53a-172, held not to be an aggravated felony, under INA § 101(a)(43)(T), 8 U.S.C. § 1101(a)(43)(T), for deportation purposes, since even if executed by the defendant, appearance bond merely constituted a promise to appear and did not meet the court order requirement of the aggravated felony definition).

Barnaby v. Reno, 127 F.Supp.2d 322 (D.Conn. Jan. 5, 2001) (district court granted stay of deportation on basis of argument that conviction for violating Conn.Gen.Stat. § 53a-172, failure to appear to answer charge in criminal court, does not qualify as a ground for deportation since the failure to appear is not within the definition of an aggravated felony, INA § 101(a)(43)(T), 8 U.S.C. § 1101(a)(43)(T)).

[60] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).  See N. Tooby, Aggravated Felonies § 4.19 (2003).