BURGLARY - CRIME OF VIOLENCE
United States v. Alvarez-Martinez, 286
F.3d 470 (7th Cir. Apr. 12, 2002) (Illinois burglary conviction,
in violation of 720 ILCS § 5/19-1(a), was a crime of violence
under 18 U.S.C. § 16(b), and thus an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of sentence enhancement under U.S.S.G.
ATTEMPTED AUTO BURGLARY - BURGLARY
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 under U.S.S.G.
AUTO BURGLARY - BURGLARY
Solorzano-Patlan v. INS, 207 F.3d 869
(7th Cir. Mar. 10, 2000) (Illinois conviction of "burglary"
of automobile, in violation of 720 ILCS § 5/19-1(a), was not
an aggravated felony "burglary offense" under INA
§ 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) that would trigger
deportation).
RESIDENTIAL BURGLARY - CRIME OF VIOLENCE
United States v. Mendoza-Sanchez, ___
F.3d ___, 2006 WL 1966655 (5th Cir. Jul. 14, 2006) (Arkansas
conviction of burglary, in violation of Ark.Code Ann.
AUTO BURGLARY - CRIME OF VIOLENCE
United States v. Guzman-Landeros,
207 F.3d 1034, 1035 (8th Cir. Mar. 27, 2000) (Texas convictions
for burglary of vehicle constituted aggravated felonies as
crimes of violence under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
for purposes of sentencing enhancement pursuant to U.S.S.G.
§ 2L1.2(b)(1)(A) to sentence for illegal re-entry).
BURGLARY OF DWELLING - CRIME OF VIOLENCE
United States v. Guerrero-Velasquez,
434 F.3d 1193 (9th Cir. Jan. 19, 2006) (Washington conviction
of second-degree burglary, under Wash. Rev.
AGGRAVATED FELONY - BURGLARY - ENTRY REQUIREMENT MET WHERE CHARGE TO WHICH PLEA WAS ENTERED ALLEGED UNLAWFUL ENTRY EVEN THOUGH STATUTE DID NOT HAVE UNLAWFUL ENTRY AS AN ELEMENT
United States v. Rodriguez-Rodriguez, 393 F.3d 849 (9th Cir. Jan. 5, 2005) (California burglary conviction under the modified categorical analysis included the unlawful entry requirement absent in California's statutory definition of burglary, since the defendant pleaded guilty to the unlawful entry language of the charge, so the conviction met the definition of "burglary of a dwelling" under Taylor and is, therefore, a "crime of violence" under the Sentencing Guidelines, U.S.S.G. 2L1.2, cmt. n.
BURGLARY - CRIME OF VIOLENCE
United States v. Matthews, 374 F.3d 872
(9th Cir. July 7, 2004) (conviction of burglary of an occupied
building did not constitute a crime of violence under U.S.S.G.
§ 4B1.2(a)(2), where the parties agreed the term "occupied"
did not require a persons actual physical presence).
BURGLARY - CRIME OF VIOLENCE
United States v. Rodriguez-Rodriguez,
364 F.3d 1142 (9th Cir. Apr. 20, 2004) (California conviction
for burglary of an inhabited building, under California Penal
Code § 460, is an aggravated felony and a "crime of violence"
for sentencing purposes).
POSSESSION OF STOLEN VEHICLE - RECEIVING STOLEN PROPERTY
Hernandez-Mancilla
v. INS, 246 F.3d 1002 (7th Cir. Apr. 11, 2001) (Illinois conviction
for possession of a stolen motor vehicle, in violation of
625 ILCS § 5/4-103(a)(1) a "theft offense," under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), and therefore
constituted an "aggravated felony" rendering noncitizen
deportable).