Matter of Espinoza, 22 I.
& N. Dec. 889 (BIA June 11, 1999) (en banc) (federal conviction
for misprision of a felony under 18 U.S.C. § 4 does not constitute
a conviction for an aggravated felony under INA § 101(a)(43)(S),
8 U.S.C. § 1101(a)(43)(S), as an offense relating to obstruction
of justice), distinguishing Matter of Batista-Hernandez, 21
I. & N. Dec. 955 (BIA July 15, 1997)).

Matter of Joseph,
22 I. & N. Dec. 799, 808 (BIA May 28, 1999) ("[I]t
is substantially unlikely that the offense of simply obstructing
or hindering ones own arrest will be viewed as an obstruction
of justice aggravated felony under INA § 101(a)(43)(S), 8
U.S.C. § 1101(a)(43)(S) of the Act for removal purposes.").

Matter of Batista-Hernandez,
21 I. & N. Dec. 955 (BIA July 15, 1997) (federal conviction
pursuant to 18 U.S.C. § 3 as accessory after the fact to a
drug-trafficking crime establishes deportability as an aggravated
felony under former INA § 241(a)(2)(A)(iii), because the offense
of accessory after the fact falls within the definition of
an obstruction of justice crime under INA § 101(a)(43)(S),
8 U.S.C.

Lopez-Elias v. Reno, 209 F.3d 788 (5th Cir. May 1,
2000), cert. denied, 531 U.S. 1069 (2001) (Texas conviction
of burglary of vehicle with intent to commit theft, in violation
of Tex. Penal Code § 30.04(a), with suspended sentence of
four years imprisonment, was not a burglary offense under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) sufficient
to render noncitizen deportable).

Gavilan-Cuate v. Yetter, 276 F.3d 418 (8th
Cir. Jan. 9, 2002) (federal conviction of conspiracy to transport
and harbor illegal aliens, in violation of INA §§ 274(a)(1)(A)(ii)
and (iii), 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (iii), constituted
an aggravated felony under INA § 101(a)(43)(N), 8 U.S.C. §
1101(a)(43)(N), despite parenthetical mentioning smuggling).

United States v. Galindo-Gallegos, 244 F.3d
728 (9th Cir. Mar. 27, 2001), amended, 255 F.3d 1154 (9th
Cir. July 12, 2001) (federal conviction of transporting illegal
aliens who were already in United States, in violation of
INA § 274(a)(1)(A)(ii), 8 U.S.C. § 1324(a)(1)(A)(ii), constituted
an aggravated felony under INA § 101(a)(43)(N), 8 U.S.C. §
1101(a)(43)(N), for purposes of enhancing sentence for illegal
re-entry).

United States v. Salas-Mendoza, 237 F.3d 1246
(10th Cir. Jan. 22, 2001) (federal conviction of transporting
aliens, in violation of INA § 274(a)(1)(A), 8 U.S.C. § 1324(a)(1)(A),
was an "aggravated felony" under INA § 101(a)(43)(N),
8 U.S.C. § 1101(a)(43)(N), for purposes of sentence enhancement
under U.S.S.G. § 2L1.2(b)(1)(A) of illegal re-entry sentence).

Matter of Ruiz-Romero, 22 I. & N. Dec.
486 (BIA Feb. 1, 1999) (federal conviction of transporting
an illegal alien within the United States, in violation of
INA § 274(a)(1)(A)(ii), 8 U.S.C. § 1324(a)(1)(A)(ii), was
an aggravated felony as defined in INA § 101(a)(43)(N), 8
U.S.C. § 1101(a)(43)(N), and therefore triggers deportation
under 8 U.S.C. § 1251(a)(2)(A)(iii)), distinguishing Matter
of IM, 7 I. & N.

Vieira-Garcia v. INS, 239 F.3d 409 (1st Cir. Feb.
21, 2001) (Rhode Island conviction of attempted theft and
sentence to term of ten years imprisonment constituted an
aggravated felony under INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G),
triggering deportation).

United States v. Morgan, 380 F.3d 698 (2d Cir. Aug.
19, 2004) (New York conviction for second-degree attempted
murder, with sentence to indeterminate term of two-and-a-half
to seven-and-a-half years imprisonment, properly treated as
an "aggravated felony" for illegal re-entry sentencing
purposes, even though it was not an aggravated felony under
the relevant immigration statute at the time of the conviction).