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).
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.
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.
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.
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).
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.
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).
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).
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.
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).