Criminal Defense of Immigrants

(A)  Aggravated Felony Offenses.  Three aggravated felony offenses are defined in terms of the maximum possible sentence, as opposed to the sentence ordered by the court.  See § 10.78, infra.

                (1)  Racketeer-Influenced Corrupt Organizations (RICO) Offenses.  A RICO offense “for which a sentence of one year or more may be imposed” constitutes an aggravated felony.[315]  

                (2) Failure to Appear To Answer a Criminal Charge.  A noncitizen has been convicted of an aggravated felony if convicted of failure to appear “pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed . . . .”[316]

                (3) Failure to Appear for Sentence.  A noncitizen has been convicted of an aggravated felony if convicted of failure to appear for sentencing “if the underlying offense is punishable by imprisonment for a term of five years or more . . . .”[317]

[315] INA § 101(a)(43)(J), 8 U.S.C. § 1101(a)(43)(J) (emphasis supplied).

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

[317] INA § 101(a)(43)(Q), 8 U.S.C. § 1101(a)(43)(Q) (emphasis supplied).