§ 19.67 2. To Serve Sentence
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The statute includes as an aggravated felony “an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more . . . .” This category has the following elements:
(1) a conviction of an offense
(2) relating to a failure to appear by a defendant
(3) for service of a sentence
(4) if the underlying offense is punishable by imprisonment of five years or more.
The possible safe havens and defenses identified in § 19.66, supra, may apply to this category as well, except that the potential sentence must be five years or more for a conviction to qualify for this category, instead of two years.
 INA § 101(a)(43)(Q), 8 U.S.C. § 1101(a)(43)(Q).