Criminal Defense of Immigrants


§ 10.78 (C)

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C)  Failure to Appear Offenses.  The aggravated felony category also includes two different aggravated felonies of failing to appear (1) to answer a criminal charge “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,”[331] see § 19.66, infra, or (2) for sentencing “if the underlying offense is punishable by imprisonment for a term of five years or more . . . .”[332]  See § 19.67, infra.


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

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