(A)  Effects.  A finding of deportability as an aggravated felon bars almost all forms of relief from deportation, and may bar relief from inadmissibility as well.[2]  A noncitizen removed as an aggravated felon is permanently barred from coming back to the United States to live.[3]  An aggravated felon who illegally re-enters the United States after deportation may be imprisoned for up to 20 years upon being found here.[4]  A noncitizen with an aggravated felony conviction may also be permanently ineligible for naturalization, since s/he may not be able to show Good Moral Character.[5]

 

                There is no aggravated felony ground of inadmissibility, but the same conviction may trigger inadmissibility under another ground of inadmissibility (such as the controlled substances or crime of moral turpitude grounds), and as an aggravated felony will bar most forms of relief from removal.

[2] See § 19.98, infra.

[3] INA § 212(a)(9)(A)(i), 8 U.S.C. § 1182(a)(9)(A)(i).

[4] INA § 276(b)(2), 8 U.S.C. § 1326(b)(2).

[5] See § 15.6, infra.

Other

AGGRAVATED FELONY"LEGISLATIVE ALERT"THIRD DRUG DRIVING PROPOSED AS AGGRAVATED FELONY
There is a bill now pending in Congress, S.1925, "To Reauthorize the Violence Against Women Act of 1994", which primarily deals with that topic, but also seeks to create authority for Indian tribal courts to prosecute non-Indians for domestic violence, and then sneaks in the following: "Section 1008. REMOVAL OF DRUNK DRIVERS (a) In General: Section 101(a)(43)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(F) is amended by striking "for which the term of imprisonment" and inserting "including a third drunk driving conviction, regardless of the States in which the convictions occurred or whether the offenses are classified as misdemeanors or felonies under State or Federal law, for which the term of imprisonment is" and then another provision making that effective immediately on the date of the amendment. Thus anyone who got a third misdemeanor DWI, with one year imprisonment suspended, would have an aggravated felony, notwithstanding Leocal. This bill was reported out of the Senate Judiciary committee on February 7, 2012. Thanks to Tova Indritz.