ATTEMPT - RECEIPT OF STOLEN PROPERTY

Matter of Bahta, 22 I. &
N. Dec. 1381 (BIA Oct. 4, 2000) (Nevada conviction for attempted
possession of stolen property, in violation of Nevada Revised
Statutes §§ 193.330 and 205.275, is a conviction for an attempted
"theft offense (including receipt of stolen property),"
and therefore an aggravated felony, within the meaning of
INA §§ 101(a)(43)(G) and (U), 8 U.S.C. §§ 1101(a)(43)(G) and
(U)).

jurisdiction: 
BIA

ATTEMPT - POSSESSION OF A CONTROLLED SUBSTANCE

United States v. Lugo,
170 F.3d 996, 51 Fed. R. Evid. Serv. 918 (10th Cir. Mar. 11,
1999) (Utah conviction of attempted possession of a controlled
substance, in violation of U.C.A.1953, § 58-37-8(1)(a)(ii),
constituted an "aggravated felony," under INA §
101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B), for purposes of
enhancing a sentence for illegal re-entry).

jurisdiction: 
Tenth Circuit

ATTEMPT - SALE OF A CONTROLLED SUBSTANCE

United States v. Phillips,
413 F.3d 1288 (11th Cir. June 22, 2005) (state conviction
of attempted sale of a controlled substance is a drug trafficking
offense for sentencing purposes).

jurisdiction: 
Eleventh Circuit

ATTEMPT - SUBMITTING FALSE CLAIM

Matter of Onyido, 22 I. & N.
Dec. 552 (BIA Mar.

jurisdiction: 
BIA

ATTEMPT - MURDER

Matter of Punu, 22 I. & N. Dec. 224 (BIA Aug.
18, 1998) (Texas conviction of attempted murder constitutes
aggravated felony under INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A)
for deportation purposes).

jurisdiction: 
BIA

ATTEMPTED MANSLAUGHTER - CRIME OF VIOLENCE

Matter of Yeung, 21 I. &
N. Dec. 610 (BIA Nov. 27, 1996) (Florida conviction of attempted
manslaughter with a knife constituted an aggravated felony
as crime of violence with sentence imposed of one year or
more under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F),
for immigration purposes).

jurisdiction: 
BIA

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jurisdiction: 
Other

ILLEGAL RE-ENTRY - ILLEGAL ENTRY

Rivera-Sanchez v. Reno, 198 F.3d
545 (5th Cir. Dec. 30, 1999) (federal conviction of violating
INA § 275(a), 8 U.S.C. 1325(a) illegal entry did not
occur after the defendant had previously been deported, and
so did not constitute an aggravated felony as defined in INA
§ 101(a)(43)(O), 8 U.S.C. 1101(a)(43)(O) for immigration
purposes).

jurisdiction: 
Fifth Circuit

OBSTRUCTION OF JUSTICE - CONTEMPT OF COURT

Alwan v. Ashcroft, 388 F.3d
507 (5th Cir. Oct. 18, 2004) (federal conviction of contempt
of court, under 18 U.S.C. § 401(3), was one "relating
to obstruction of justice," and thus an "aggravated
felony" for immigration purposes).

jurisdiction: 
Fifth Circuit

 

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