CONSPIRACY - 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.
CONSPIRACY - BANK FRAUD
Bejacmar v. Ashcroft, 291 F.3d 735 (11th Cir.
May 14, 2002) (federal conviction of conspiracy to commit
bank fraud, a violation of 18 U.S.C. § 371, constituted an
aggravated felony under INA § 101(a)(43)(M)(I), (U), 8 U.S.C.
§ 1101(a)(43)(M)(i), (U), since the loss to the victim exceeded
$10,000).
CONSPIRACY - DISTRIBUTE CONTROLLED SUBSTANCE
Matter of Davis, 20 I. &
N. Dec. 536 (BIA May 28, 1992) (Maryland conviction of conspiracy
to distribute a controlled substance, in violation of article
27, section 286(a)(1) of the Maryland Annotated Code, constitutes
a "drug trafficking crime" as defined in 18 U.S.C.
§ 924(c)(2) (1988), and is therefore an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C.
COUNTERFEITING - BANK FRAUD
Conteh v.
Gonzales, __ F.3d __ (1st Cir. Aug. 22, 2006) (Federal conviction
for conspiracy under 18 U.S.C. § 371, where the underlying
offense was a violation of 18 U.S.C. § 513(a) [possession
of counterfeit security] with a loss in excess of $10,000,
is an aggravated felony fraud offense for immigration purposes).
COUNTERFEITING - SECURITIES
Kamagate v. Ashcroft, 385 F.3d 144 (2d Cir. Sept.
21, 2004) (federal conviction of conspiracy to utter and possess
counterfeit securities in violation of 18 U.S.C. § 371, 513(a),
constitutes an aggravated felony, as "an offense relating
to . . . counterfeiting," under INA § 101(a)(43)(R),
(U), 8 U.S.C. § 1101(a)(43)(R), (U), triggering deportability
under INA § 237(a)(2)(A)(iii), 8 U.S.C.
ATTEMPT - POSSESSION OF COUNTERFEIT SECURITIES
Sui v. INS, 250 F.3d
105 (2d Cir. May 11, 2001) (federal conviction of violating
18 U.S.C. § 513(a), possession of counterfeit securities with
intent to deceive, does not necessarily constitute an attempt
to pass counterfeit securities and cause a loss, and is therefore
not an "attempt" to commit an aggravated felony
under INA § 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), for
deportation purposes).
COUNTERFEITING - OBLIGATIONS
Albillo-Figueroa v. INS, 221 F.3d 1070 (9th
Cir. Aug. 4, 2000) (federal conviction for possession of counterfeit
obligations, in violation of 18 U.S.C. § 472, is an "aggravated
felony" under INA § 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R)
for immigration purposes).
CRIME OF VIOLENCE - DRIVING UNDER THE INFLUENCE CAUSING INJURY
Leocal
v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (Nov. 9, 2004) (Florida
conviction of driving under the influence and accidentally
causing serious bodily injury, in violation of Florida Stats.
Ann. § 316.193(3)(c), did not constitute an aggravated felony
as a crime of violence, under INA § 101(a)(43)(F), 8 U.S.C.
CRIME OF VIOLENCE - THIRD-DEGREE SEXUAL ASSAULT
Aguiar v. Gonzales,
438 F.3d 86 (1st Cir. Feb. 16, 2006) (Rhode Island conviction
of third-degree sexual assault, in violation of R.I. Gen.
CRIME OF VIOLENCE - ASSAULT
United States v. Cordoza-Estrada, 385
F.3d 56 (1st Cir. Sept. 29, 2004) (New Hampshire conviction
of simple assault for punching a man in the face and breaking
his nose, with a sentence to twelve months of imprisonment
with ten months suspended, constituted an aggravated felony
crime of violence conviction, under INA § 101(a)(43)(F), 8
U.S.C. § 1101(a)(43)(F), triggering an eight-level enhancement
of sentence under U.S.S.G.