Safe Havens

(A)  Aggravated Felonies.[135]  See § 7.72, supra.

            The statute includes as an aggravated felony “an offense described in § § 875, 876, 877, or 1202 of title 18, United States Code (relating to the demand for or receipt of ransom).”[136]  Since this definition specifically refers to several federal statutes, a state conviction must have elements identical to those of one of these federal statutes for a state conviction to be considered an aggravated felony under this theory.  There is no sentence imposed requirement.  Therefore, a qualifying conviction with no custody imposed at all will still qualify as an aggravated felony under this theory.  Depending on the elements of the statute of conviction, extortion may also be considered a crime of violence.[137]

[135] See N. Tooby, Aggravated Felonies § 5.23 (2003).

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

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