FRAUD OFFENSE - FALSE CLAIM AGAINST THE UNITED STATES

Li v. Ashcroft,
389 F.3d 892, 897 (9th Cir. Nov. 19, 2004) (federal conviction
of making a false claim against the United States, in violation
of 18 U.S.C. § 287, is divisible with respect to the fraud
offense aggravated felony defined in INA § 101(a)(43)(M)(i),
8 U.S.C.

jurisdiction: 
Ninth Circuit

FRAUD OFFENSE - FALSE STATEMENT TO GOVERNMENT OFFICIAL

Li v. Ashcroft,
389 F.3d 892 (9th Cir. Nov. 19, 2004) (federal conviction
of making a false statement to a United States official, in
violation of 18 U.S.C. § 1001, is divisible with respect to
the fraud offense aggravated felony defined in INA § 101(a)(43)(M)(i),
8 U.S.C.

jurisdiction: 
Ninth Circuit

FRAUD OFFENSE - CONSPIRACY TO DEFRAUD THE UNITED STATES

Li v. Ashcroft,
389 F.3d 892 (9th Cir. Nov. 19, 2004) (federal conviction
of conspiracy to defraud the United States, in violation of
18 U.S.C. § 371, is divisible with respect to the fraud offense
aggravated felony defined in INA § 101(a)(43)(M)(i), 8 U.S.C.

jurisdiction: 
Ninth Circuit

STATUTORY RAPE - CARNAL KNOWLEDGE OF CHILD 13-15 YEARS OLD - CRIME OF VIOLENCE

United States v. Pereira-Salmeron, 337 F.3d 1148
(9th Cir. Aug. 4, 2003) (Virginia conviction of carnal knowledge
of a child between 13 and 15 years of age, in violation of
Virginia Code § 18.2-63, constituted a "crime of violence"
under U.S.S.G.

jurisdiction: 
Ninth Circuit

STATUTORY RAPE - UNLAWFUL SEX WITH A MINOR

Matter of VFD, 23 I. &
N. Dec. 859 (BIA 2006) (Florida conviction for unlawful sexual
activity with a minor, in violation of Fla. Stat. Ann. § 794.05(1),
is an aggravated felony sexual abuse of a minor offense under
INA § 101(a)(43)(A), 8 U.S.C.

jurisdiction: 
BIA

FAILURE TO APPEAR TO FACE CHARGES

Barnaby v. Reno, 142 F.Supp.2d 277
(D.Conn. May 9, 2001) (Connecticut conviction for failure
to appear when legally called, in violation of Conn.Gen. Stat.
Ann. § 53a-172, held not to be an aggravated felony, under
INA § 101(a)(43)(T), 8 U.S.C.

jurisdiction: 
Lower Courts of Second Circuit

FIREARM OFFENSE - POSSESSION OF UNREGISTERED FIREARM

United States
v. Diaz-Diaz, 327 F.3d 410 (5th Cir. Apr. 3, 2003) (Texas
conviction for possession of a prohibited weapon a short-barrel
firearm in violation of Tex. Penal Code § 46.05, constituted
a listed aggravated felony firearms offense under INA § 101(a)(43)(E)(iii),
8 U.S.C. § 1101(a)(43)(E)(iii), as an "offense described
in . . . [26 U.S.C. § ] 5861 . . .

jurisdiction: 
Fifth Circuit

FIREARMS OFFENSE - POSSESSION OF FIREARM BY ALIEN

United States v.
Reyna-Espinosa, 117 F.3d 826 (5th Cir. July 11, 1997) (federal
conviction for unlawful possession of a firearm by an alien
under 18 U.S.C. § 922(g)(5) does not constitute an "aggravated
felony" for purposes of increasing the defendants offense
level for illegal re-entry by 16 levels pursuant to U.S.S.G.
§ 2L1.2(b)(2), although it does for immigration purposes).

jurisdiction: 
Fifth Circuit

FIREARMS OFFENSE - POSSESSION OF FIREARM BY FELON

United States v.
Castillo-Rivera, 244 F.3d 1020 (9th Cir. Mar. 26, 2001), cert.
denied, 122 S.Ct. 294 (2001) (California conviction for violating
California Penal Code § 12021(a), felon in possession of a
firearm, constitutes an aggravated felony under INA § 101(a)(43)(E),
8 U.S.C. § 1101(a)(43)(E), because it is "an offense
described in" 18 U.S.C.

jurisdiction: 
Ninth Circuit

FIREARMS OFFENSE - POSSESSION OF FIREARM BY ALIEN

United States v.
Sandoval-Barajas, 206 F.3d 853 (9th Cir. Mar. 13, 2000), cert.
denied, 122 S.Ct. 408 (2001) (Washington conviction for possession
of firearm by noncitizen, in violation of R.C.W. § 9.41.170,
was not an aggravated felony, under INA § 101(a)(43)(E), 8
U.S.C.

jurisdiction: 
Ninth Circuit

 

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