Criminal Defense of Immigrants

The INA includes as an aggravated felony “an offense described in § § 875, 876, 877, or 1202 of title 18, United States Code (relating to the demand for or receipt of ransom).”[680]  Since this definition specifically refers to several federal statutes, a state conviction must have identical elements to one of these federal statutes, or all the conduct encompassed by the minimum conduct required to violate the state statute must fall within the federal statute, for a state conviction to be considered an aggravated felony under this theory.

The offenses punished under the listed statutes include demands for money or property through kidnapping, extortion,[681] threats of violence to persons or property, threats to a person’s reputation, and threats to falsely accuse another of a crime.

[680] INA § 101(a)(43)(H), 8 U.S.C. § 1101(a)(43)(H).

[681] 18 U.S.C. § 1951 defines “extortion” as: “the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under the color of official right.”  See § 19.9(A), supra.