Criminal Defense of Immigrants

 

There is a relatively finite list of offenses that have been examined to determine whether they qualify as aggravated felony crimes of violence.  Most of the cases concern an offense that falls within one or more of the following categories:

 

Arson/Property destruction

Assault/Battery

Burglary/Trespass

Child abuse/Endangerment

DUI/DWI

Evading an officer/Escape

False Imprisonment

Joyriding/Auto theft/Burglary

Kidnapping

Manslaughter

Possession of a deadly weapon

Rape

Robbery

Sex offenses involving children

Shooting at a dwelling/Drive by shooting

Stalking

Threats

 

Whether any of these offenses qualifies as an aggravated felony crime of violence depends upon the elements of the particular statute of conviction,[505] the exact record of conviction (if divisible-statute analysis is appropriate) and whether the offense of conviction meets the all the requirements of 18 U.S.C. § 16(a)[506] or 16(b).[507]  Specific cases on each of these offenses may be found organized by category and circuit in Appendix A, and by crime in Appendix B of N. Tooby & J. Rollin, aggravated felonies (2006).

 

                A few of these offenses bear special mention here:

 

[505] See Chapter 15, supra.

[506] See § § 19.17-19.22, supra.

[507] See § § 19.41-19.49, supra.