United States v. Sandoval-Barajas,
206 F.3d 853 (9th Cir. Mar. 13, 2000), cert. denied, 122 S.Ct.
408 (2001) (Washington conviction for possession of firearm
by noncitizen, in violation of R.C.W. § 9.41.170, was not
an aggravated felony, under INA § 101(a)(43)(E), 8 U.S.C.

United States v.
Villanueva-Gaxiola, 119 F.Supp.2d 1185 (D.Kan. Sept. 26, 2000)
(California conviction for unlawful possession of short-barreled
shotgun, in violation of California Penal Code § 12020, was
not an aggravated felony as a crime of violence, under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since it had no
element of the use, attempt, or threat of violence under 18
U.S.C.

United States v. Villanueva-Gaxiola,
119 F.Supp.2d 1185 (D.Kan. Sept. 26, 2000) (California conviction
for unlawful possession of short-barreled shotgun, in violation
of California Penal Code § 12020, was not an aggravated felony
under INA § 101(a)(43)(E)(iii), 8 U.S.C. 1101(a)(43)(E)(iii)
as an offense described in 26 U.S.C. § 5861 or 18 U.S.C.

Matter of Vasquez-Muniz,
23 I. & N. Dec. 207 (BIA Jan. 15, 2002) (California conviction
of possession of a firearm by a felon in violation of California
Penal Code § 12021(a)(l) is an aggravated felony under INA
§ 101(a)(43)(E)(ii), 8 U.S.C. 1101(a)(43)(E)(ii) because
it is "described in" 18 U.S.C. § 922(g)(l), even
though the state statute lacks the jurisdictional element
required by the federal statute).

Matter of B, 20 I. & N. Dec.
427 (BIA Nov. 19, 1991) (conviction of aggravated battery
by injuring a person with a shot from a firearm constitutes
a crime of violence and is therefore an aggravated felony
since a sentence of five years was imposed).

United States v.
Londono-Quintero, 289 F.3d 147 (1st Cir. May 6, 2002) (Florida
conviction of lewd and lascivious assault on child, in violation
of F.S.A. § 800.04, was sexual abuse of a minor and therefore
an aggravated felony under INA § 101(a)(43)(A), 8 U.S.C.
1101(a)(43)(A) warranting enhancement of sentence for illegal
re-entry under U.S.S.G. § 2L1.2(b)(1)(A)).

Emile v. INS,
244 F.3d 183 (1st Cir. Mar. 30, 2001) (Massachusetts conviction
for indecent assault and battery on a child under 14, in violation
of Mass. Gen. Laws ch. 265 § 13B, qualified as an aggravated
felony under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A),
since state statute included conduct that, with an appropriate
federal nexus, would violate federal sexual abuse statutes).

Sango-Dema v. District
Director, INS, 122 F.Supp.2d 213 (D.Mass. Nov. 20, 2000) (Massachusetts
conviction for rape of a child, under Mass. Gen. L. ch. 265,
§ 23, with sentence of two and a half years in custody, constitutes
"sexual abuse of a minor," an aggravated felony
under INA § 101(43)(A), 8 U.S.C. 1101(43)(A), for removal
purposes).

Sango-Dema v. District
Director, INS, 122 F.Supp.2d 213 (D.Mass. Nov. 20, 2000) (Massachusetts
conviction for indecent assault and battery on a person over
fourteen years old, in violation of Mass. Gen. L. ch. 265,
§ 13H, with sentence of three to five years suspended sentence,
constitutes a "crime of violence," an aggravated
felony under 18 U.S.C. § 16(b) and INA 101(43)(F), 8 U.S.C.

16 Dos
Santos v. Gonzalez, __ F.3d __, 2006 WL 521583 (2d Cir. Mar.