ESCAPE FROM HALFWAY HOUSE NOT CRIME OF VIOLENCE FOR FEDERAL ARMED CAREER OFFENDER ENHANCEMENT PURPOSES - CRIME OF VIOLENCE

United
States v. Piccolo, 441 F.3d 1084 (9th Cir. Apr. 3, 2006) (Escape
conviction under 18 U.S.C. § 751(a), which includes failure
to return to a non-secured halfway house, is not necessarily
a crime of violence for federal armed career offender sentencing
purposes).

jurisdiction: 
Ninth Circuit

ATTEMPTING TO ELUDE POLICE VEHICLE - CRIME OF VIOLENCE

United States
v. Kelly, 422 F.3d 889 (9th Cir. Sept. 6, 2005) (Washington
conviction for attempting to elude a police vehicle, in violation
of R.C.W. § 46.61.024, is not a "crime of violence"
for sentencing purposes).

jurisdiction: 
Ninth Circuit

EVADING AN OFFICER - CRIME OF VIOLENCE

Penuliar v. Ashcroft, 395 F.3d
1037 (9th Cir. Jan. 12, 2005) (California conviction of evading
an officer, in violation of Vehicle Code § 2800.2(a), was
not a crime of violence, within the meaning of INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), because the statute and charge
were both overbroad with respect to the aggravated felony
definition of a crime of violence by encompassing merely negligent
conduct).

jurisdiction: 
Third Circuit

FIREARM USE - EVADING AN OFFICER - CRIME OF VIOLENCE

Reyes-Alcaraz
v. Ashcroft, 363 F.3d 937 (9th Cir. Apr. 8, 2004) (California
conviction of exhibiting a deadly weapon with intent to resist
arrest, in violation of California Penal Code § 417.8, is
a crime of violence and thus an "aggravated felony"
under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Ninth Circuit

FLIGHT FROM OFFICER - CRIME OF VIOLENCE

United States v. Campos-Fuerte,
357 F.3d 956 (9th Cir. Feb. 4, 2004) (California conviction
of fleeing from an officer by driving a vehicle in a willful
or wanton manner, in violation of California Vehicle Code
§ 2800.2, constitutes a crime of violence under 18 U.S.C.
§ 16(b), and is therefore an aggravated felony under INA §
101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of
enhancing an illegal re-entry sentence).

jurisdiction: 
Ninth Circuit

WELFARE FRAUD - FRAUD OFFENSE

Ferreira v. Ashcroft, 390 F.3d 1091
(9th Cir. Dec. 1, 2004) (California conviction of welfare
fraud, in violation of Welf. & Inst.

jurisdiction: 
Ninth Circuit

ALIEN SMUGGLING

Matter of LS, 22 I. & N. Dec. 645 (BIA Apr.
16, 1999) (federal conviction of bringing illegal aliens into
the United States, in violation of INA § 274(a), 8 U.S.C.
§ 1324(a), is an aggravated felony under INA 101(a)(43)(N),
8 U.S.C. § 1101(a)(43)(N) for deportation purposes).

jurisdiction: 
BIA

ALIEN TRANSPORTATION

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. Dec.

jurisdiction: 
BIA

ILLEGAL ENTRY - ILLEGAL RE-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

ILLEGAL ENTRY - ALIEN SMUGGLING

Matter of Alvarado-Alvino, 22 I. &
N. Dec. 718 (BIA May 24, 1999) (federal conviction of illegal
entry, in violation of INA § 275(a), 8 U.S.C. 1325, is not
an aggravated felony under INA § 101(a)(43)(N), 8 U.S.C.
1101(a)(43)(N), which specifically refers to those offenses
relating to alien smuggling described in INA § 274(a)(1)(A)
and (2), 8 U.S.C. § 1324(a)(1)(A) and (2)).

jurisdiction: 
BIA

 

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