Criminal Defense of Immigrants
§ 19.3 A. Elements of the Deportation Ground
For more text, click "Next Page>"
The basic elements of the aggravated felony deportation ground are:
(1) alienage, see § 15.4, infra;
(2) conviction, see Chapter 7, infra;
(3) for a crime, see § 7.24, infra;
(4) committed after admission, see § § 17.5-17.8, infra;
(5) of attempt, conspiracy, or a substantive offense, see § § 19.13-19.20, infra;
(6) that falls within an aggravated felony category, see § § 19.7-19.9, infra;
(7) in violation of the law of a listed jurisdiction. See § 19.11 infra.
Unless each of these elements exists, the noncitizen is not deportable as an aggravated felon. Whether a particular offense meets the federal “aggravated felony” definition is discussed in § § 19.23-19.95, infra.