Safe Havens

(A)  Aggravated Felonies.

The statute includes as an aggravated felony “a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) for which the term of imprisonment [is] at least one year.”[150]  This section includes crimes against property, as well as crimes against the person.

Fifth Circuit:

United States v. Landeros-Gonzales, 262 F.3d 424 (5th Cir. Aug. 14, 2001) (Texas conviction for violation of “criminal mischief” statute, for the intentional marking of another’s property, in violation of Texas Penal Code § 28.03(a)(1-3), was not a “crime of violence” and, consequently, was not an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(F) that warranted an enhanced sentence under U.S.S.G. § 2L1.2 for illegal re-entry, since it does not “by its nature, involve[] a substantial risk that physical force against the person or property of another may be used in the course of committing the offense” under 18 U.S.C. § 16(b)).

[150] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).  See N. Tooby, Aggravated Felonies § § 5.13-5.15, Crimes of Violence (2003).