Safe Havens
§ 8.28 (A)
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(A) Aggravated Felonies.[76]
A conviction of “an offense described in § 1962 of Title 18 (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed” is an aggravated felony.[77] Note that this is a conviction of a RICO offense for which a year’s imprisonment may be imposed, with no requirement that any sentence to imprisonment actually be imposed.
[76] See § 7.95, supra; N. Tooby, Aggravated Felonies § 5.44, RICO Offenses (2003).
[77] A conviction of “an offense described in § 1962 of Title 18 (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed” is an aggravated felony. Note that this is a conviction of a RICO offense for which a year’s imprisonment may be imposed, with no requirement that any sentence to imprisonment actually be imposed. INA § 101(a)(43)(J), 8 U.S.C. § 1101(a)(43)(J).
