Criminal Defense of Immigrants

As discussed above, the rules for categorical analysis of the nature of a conviction require that the inquiry be limited to the elements of the statute of conviction, not the facts of the crime itself.  However, there are several contexts in which courts are especially tempted to go outside the elements of the offense of conviction: (a) to determine the age of the victim to see whether the offense constitutes an aggravated felony as sexual abuse of a minor[59] or an offense involving a child under the domestic violence deportation ground;[60] (b) to determine the existence of a domestic relationship between the defendant and the victim that might bring a conviction within the domestic violence deportation ground;[61] and (c) to determine the amount of loss to the victim(s) of a fraud offense, to see whether it constitutes an aggravated felony fraud conviction.[62]  Other instances may be found as well.  See § § 16.7(A)(6), 16.7(F), infra.

[59] See § 16.7(B), infra.

[60] See § 16.7(c), infra.

[61] See § 16.7(C), infra.

[62] See § 16.7(D), infra.