Safe Havens

(A)  Aggravated Felonies.

            The statute includes as an aggravated felony:

an offense (ii) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act . . . . [193]

See § 7.63, supra.  An immigration document offense may also qualify as a fraud offense.[194]

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

[194] See § 7.80, supra; N. Tooby, Aggravated Felonies § 5.31 (2003).