CONSPIRACY - COUNTERFEITING

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).

jurisdiction: 
First Circuit

CONSPIRACY - COUNTERFEITING

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.

jurisdiction: 
Second Circuit

CONSPIRACY - EXPORT FIREARMS WITHOUT LICENSE

Kuhali v. Reno, 266 F.3d
93 (2d Cir. Sept. 27, 2001) (federal conviction for conspiracy
to export firearms without license, in violation of 18 U.S.C.
§ 371 and 22 U.S.C. 2778, constitutes an aggravated felony
under INA § 101(a)(43)(C), (U), 8 U.S.C.

jurisdiction: 
Second Circuit

CONSPIRACY - TAX EVASION

Evangelista v. Ashcroft, 204 F.Supp.2d 405,
406 (E.D.N.Y. May 7, 2002) (federal convictions of conspiracy
to impede the IRS in collection of income and payroll taxes
in violation of 18 U.S.C. § 371, failure to collect or pay
income/FICA taxes in violation of 26 U.S.C. § 7202, and attempt
to evade or defeat tax in violation of 26 U.S.C.

jurisdiction: 
Lower Courts of Second Circuit

CONSPIRACY - BANK FRAUD

United States v. Ogembe, 41 F.Supp.2d 567 (E.D.Pa.
Mar. 3, 1999) (federal conviction of conspiracy to commit
bank fraud in violation of 18 U.S.C. § 371 constitutes an
aggravated felony as an offense that "involves fraud
or deceit in which the loss to the victim or victims exceeds
$10,000" under INA § 101(a)(43)(M)(i), (U), 8 U.S.C.
§ 1101(a)(43)(M)(i), (U), regardless of sentence).

jurisdiction: 
Lower Courts of Third Circuit

CONSPIRACY - BAD CHECKS

United States v. Dabeit, 231 F.3d 979 (5th Cir.
Oct. 30, 2000), cert. denied, 531 U.S. 1202 (2001) (federal
conviction of conspiracy to perpetrate a checking and savings
account kite scheme, in violation of 18 U.S.C. § 2113(b),
was an aggravated felony, under INA § 101(a)(43)(G), (U),
8 U.S.C.

jurisdiction: 
Fifth Circuit

CONSPIRACY - RICO OFFENSES

Alfarache v. Cravener, 203 F.3d 381, 384 (5th
Cir. Feb. 22, 2000), cert. denied, 531 U.S. 813, 121 S.Ct.
46 (2000) (federal conviction of conspiracy to participate
in a racketeering enterprise, in violation of 18 U.S.C. §
1962(d), was an "aggravated felony" under INA §
101(a)(43)(J), 8 U.S.C. § 1101(a)(43)(J), for immigration
purposes).

jurisdiction: 
Fifth Circuit

CONSPIRACY - POSSESS HEROIN WITH INTENT TO DISTRIBUTE

Martins v. INS,
972 F.2d 657 (5th Cir. Sept. 23, 1992) (federal conviction
for conspiracy to possess heroin with intent to distribute
was "drug trafficking crime," and was thus an aggravated
felony under INA § 101(a)(43)(B), (U), 8 U.S.C. 1101(a)(43)(B),
(U), which rendered noncitizen statutorily ineligible to apply
for asylum).

jurisdiction: 
Fifth Circuit

CONSPIRACY - POSSESS STOLEN MOTOR VEHICLES

Iysheh v. Gonzales, 437 F.3d
613 (7th Cir. Feb. 1, 2006) (federal conviction of "conspiracy
to transport, receive, possess, etc. stolen motor vehicles"
in violation of 18 U.S.C. § 371 and 2313(a), constituted
a fraud aggravated felony, under INA § 101(a)(43)(M)(i), 8
U.S.C.

jurisdiction: 
Seventh Circuit

ATTEMPT - POSSESSION OF STOLEN PROPERTY

United States v. Vasquez-Flores,
265 F.3d 1122 (10th Cir. Sept. 13, 2001), cert. denied, 122
S.Ct. 1180 (2002) (Utah conviction for knowingly attempting
to receive or transfer a stolen motor vehicle, in violation
of Utah Code § 41-1a-1316 (1953), was an "aggravated
felony" under INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G)
for enhancement purposes under U.S.S.G. § 2L1.2(b)(2) of an
illegal re-entry sentence).

jurisdiction: 
Tenth Circuit

 

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