Safe Havens

(A)  Aggravated Felonies.

            The statute explicitly states that an attempt to commit a named aggravated felony offense constitutes an aggravated felony.[210]  An attempt to commit a non-aggravated felony conviction would not constitute an aggravated felony.[211]

Second Circuit:

Sui v. INS, 250 F.3d 105 (2d Cir. May 11, 2001) (federal conviction of violating 18 U.S.C. § 513(a), possession of counterfeit securities with intent to deceive, does not necessarily constitute an attempt to pass counterfeit securities and cause a loss, and is therefore not an “attempt” to commit an aggravated felony under INA § 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U), so as to trigger deportability).

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

[211] See N. Tooby, Aggravated Felonies § 5.6 (2003).