Criminal Defense of Immigrants



 
 

§ 19.4 B. Nature of the Conviction

 
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As with other conviction-based grounds of deportation, the determination of whether a criminal offense falls within an aggravated felony category made upon examination of the criminal elements to which the noncitizen pleaded or was found guilty.  Rather than looking to the actual facts of the case, the courts apply a categorical analysis, including divisible statute analysis (which allows reference the criminal record of conviction), to examine the minimum conduct sufficient for conviction and then decide whether this minimum conduct falls within the ground of removal.  For a full discussion of this process, see Chapter 16, supra.

 

 

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