FELONY TRESPASS - CRIME OF VIOLENCE
United States v. Venegas-Onelas,
348 F.3d 1273 (10th Cir. Nov. 14, 2003) (Colorado conviction
for first-degree criminal trespass of a dwelling, in violation
of Colo.Rev.Stat. Ann. § 18-4-502, held to be a crime of violence
aggravated felony within the meaning of INA § 101(a)(43)(F),
8 U.S.C. 1101(a)(43)(F), 18 U.S.C.
FRAUD OFFENSES - AIDING AND ABETTING
James v. Gonzales, ___ F.3d ___, 2006
WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction of
aiding and abetting bank fraud, in violation of 18 U.S.C.
ALIEN SMUGGLING - AIDING AND ABETTING
United States v. Garcia, 400
F.3d 816 (9th Cir. Mar. 11, 2005) (federal conviction of aiding
and abetting is not a separate offense from the substantive
offenses of alien smuggling and transportation of aliens,
but rather a different theory of liability for the same offense).
ATTEMPTED MURDER - MURDER
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).
POSSESSION OF COUNTERFEIT SECURITIES - ATTEMPT
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).
ATTEMPTED SALE - DRUG TRAFFICKING
Leader v. Blackman, 744 F.Supp. 500
(S.D.N.Y. Aug. 8, 1990) (New York conviction for attempted
criminal sale of controlled substances in the third degree,
in violation of N.Y. Penal Law § 220.39, constitutes an "aggravated
felony," under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
and triggers mandatory detention).
AUTO BURGLARY - ATTEMPT
United States v. Martinez-Garcia, 268 F.3d
460 (7th Cir. Sept. 28, 2001), cert. denied, 122 S.Ct. 1111
(2002) (Illinois conviction of burglary of vehicle with intent
to commit theft constituted "attempt", under INA
§ 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), to commit a "theft
offense" under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
for purposes of enhancing an illegal re-entry sentence under
U.S.S.G.
SUBMITTING FALSE CLAIM - ATTEMPT
Matter of Onyido, 22 I. & N. Dec.
552 (BIA Mar.
ATTEMPTED 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).
COUNTERFEITING - CONSPIRACY
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.