Criminal Defense of Immigrants

A conviction of “an offense described in § 1962 of Title 18 (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed” is an aggravated felony.  The elements of this category are as follows:

(1)  a conviction of an offense

(2)     described in

(a) 18 U.S.C. § 1962 (relating to racketeer influenced corrupt organizations), or

(b) 18 U.S.C. § 1084 (if it is a second or subsequent offense) or

                                (c) 18 U.S.C. § 1955 (relating to gambling offenses),

(3)     for which a sentence of one year imprisonment or more may be imposed.

                A first conviction of violating 18 U.S.C. § 1084 cannot trigger this ground of deportation.  A federal conviction for an unlisted statute cannot trigger deportation under this ground.  A state conviction under a broader statute should not trigger this ground unless the record of conviction shows that the elements of the offense of conviction clearly fall entirely within one of the listed federal statutes. 

                This category requires a potential sentence of one year before the offense is considered an aggravated felony.  See § 10.78, supra.