FRAUDULENT USE OF A CREDIT CARD TO OBTAIN PROPERTY - THEFT OFFENSE

Soliman
v. Gonzales, 419 F.3d 276 (4th Cir. Aug.

jurisdiction: 
Fourth Circuit

CONSPIRACY TO ENGAGE IN CHECK FRAUD - THEFT OFFENSE

United States v.
Dabeit, 231 F.3d 979 (5th Cir. Oct. 30, 2000), cert. denied,
531 U.S. 1202, 121 S.Ct. 1214 (2001) (federal conviction for
conspiracy to perpetrate a checking and savings account kite
scheme, in violation of 18 U.S.C. § 2113(b), was an "aggravated
felony," under an attempted theft theory of INA § 101(a)(43)(G),
(U), 8 U.S.C.

jurisdiction: 
Fifth Circuit

CONSPIRACY TO POSSESS STOLEN MOTOR VEHICLES - FRAUD OFFENSE

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

BAD CHECKS - CONSPIRACY

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. § 1101(a)(43)(G), (U), so as to permit enhancement
of the illegal re-entry sentence in defendants base offense
level pursuant to U.S.S.G.

jurisdiction: 
Fifth Circuit

ARSON - CRIME OF VIOLENCE

Tran v. Gonzales, 414 F.3d 464 (3d Cir.
July 12, 2005) (Pennsylvania conviction of "reckless
burning or exploding," in violation of 18 Pa.C.S.A. §
3301(d)(2), did not constitute a crime of violence under 18
U.S.C. § 16(b), and was therefore not an aggravated felony
crime of violence under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Third Circuit

CRIMINAL MISCHIEF - CRIME OF VIOLENCE

United States v. Landeros-Gonzales,
262 F.3d 424 (5th Cir. Aug. 14, 2001) (Texas conviction for
violation of "criminal mischief" statute, for the
intentional marking of anothers property, in violation of
Texas Penal Code § 28.03(a)(1-3), was not a "crime of
violence" and, consequently, was not an "aggravated
felony" warranting an enhanced sentence under U.S.S.G.

jurisdiction: 
Fifth Circuit

ARSON - CRIME OF VIOLENCE

Matter of Palacios-Pinera, 22 I. &
N. Dec. 434 (BIA Dec. 18, 1998) (en banc) (Alaska conviction
of arson in the first degree under section 11.46.400 of the
Alaska Statutes, with a seven-year sentence, was a "crime
of violence" and therefore an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

jurisdiction: 
BIA

CONCEALMENT OF MERCHANDISE - RECEIVING STOLEN PROPERTY

Ramtulla v. Ashcroft,
301 F.3d 202 (4th Cir. Aug. 22, 2002) (Virginia conviction
of concealment of merchandise, in violation of Va.Code Ann.
§ 18.2-103, constitutes a "theft offense" and with
a two-year suspended sentence therefore constitutes an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G)
for deportation purposes).

jurisdiction: 
Fourth Circuit

TRANSPORTATION OF STOLEN PROPERTY - FRAUD OFFENSE

Omari v. Gonzales, 419
F.3d 303 (5th Cir. July 25, 2005) (federal conviction of interstate
transportation of stolen, converted, and fraudulently obtained
property, in violation of 18 U.S.C. § 2314, is not an aggravated
felony under INA § 101(a)(43)(M)(i) for immigration purposes,
as not all parts of 18 U.S.C. § 2314 necessarily involve fraud
or deceit).

jurisdiction: 
Fifth Circuit

AUTO - RECEIVING 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 attempting to knowingly
receive or transfer a stolen motor vehicle, in violation of
U.C.A. 1953 § 41-1a-1316, 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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