§ 19.3 A. Elements of the Deportation Ground
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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.
AGGRAVATED FELONY"STATUTORY INTERPRETATION"INVOLVING MEANS NECESSARILY ENTAILS
Kawashima v. Holder, 132 S.Ct. 1166 (Feb. 21, 2012) (statutory definition of fraud aggravated felony, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), courts general test for whether the conviction was for an offense involving fraud or deceit was whether it was an offense with elements that necessarily entail fraudulent or deceitful conduct.).
Lower Courts of Second Circuit
AGGRAVATED FELONY - DATE OF CONVICTION
Puello v. BCIS, 418 F.Supp.2d 436 (S.D.N.Y. Dec. 13, 2005) (for purposes of applying the permanent bar to good moral character for conviction of an aggravated felony, under INA 101(f), the date of conviction is the date of sentencing or the date the judgment of conviction was filed with Clerk of Court, rather than on date the guilty plea was entered).
AGGRAVATED FELONY " CRIME OF VIOLENCE " CORPORAL INJURY OF A SPOUSE
United States v. Ayala-Nicanor, 659 F.3d 744 (9th Cir. Sept. 14, 2011) (California conviction of corporal injury of a spouse, under Penal Code 273.5(a), is a categorical crime of violence for illegal re-entry sentencing purposes).