SAFE HAVENS - SEX REGISTRATION
USCIS memo on new sex-registration ground of deportation at:
http://www.uscis.gov/graphics/lawsregs/handbook/AdamWalshAct072806.pdf
FILING FALSE TAX RETURNS - TAX EVASION
Lee v. United States, 368
F.3d 218 (3d Cir. May 19, 2004) (federal conviction of filing
false income tax returns, in violation of 26 U.S.C. § 7206(1),
is not an aggravated felony, as defined by INA § 101(a)(43)(M)(i),
8 U.S.C. § 1101(a)(43)(M)(i), for immigration purposes, as
INA § 101(a)(43)(M)(ii), 8 U.S.C. 1101(a)(43)(M)(ii) specifically
covers tax evasion, but INA § 101(a)(43)(M)(ii), 8 U.S.C.
FALSE STATEMENT ON LOAN APPLICATION - FRAUD OFFENSE
Sharma v. Ashcroft,
158 F.Supp.2d 519, 521 (E.D.Pa. May 25, 2001) (federal conviction
of making false statements on a loan application, in violation
of 18 U.S.C. § 1014, constitutes an "aggravated felony"
as defined by 8 U.S .C. § 1101(a)(43)(M)(i), for immigration
purposes).
FALSE STATEMENT TO GOVERNMENT OFFICIAL - FRAUD OFFENSE
Li v. Ashcroft,
389 F.3d 892 (9th Cir. Nov. 19, 2004) (federal conviction
of making a false statement to a United States official, in
violation of 18 U.S.C. § 1001, is divisible with respect to
the fraud offense aggravated felony defined in INA § 101(a)(43)(M)(i),
8 U.S.C.
FALSE TAX RETURN - FRAUD OFFENSE
Abreu-Reyes v. INS, 292 F.3d 1029
(9th Cir. June 10, 2002) (federal conviction of subscribing
to a false tax return, in violation of 26 U.S.C. § 7206(1),
constituted an aggravated felony as a fraud offense under
INA § 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i) for removal
purposes), opinion withdrawn on grant of rehearing by, 350
F.3d 966 (9th Cir. Nov. 21, 2003).
WELFARE FRAUD - FRAUD OFFENSE
Danh v. Demore, 59 F.Supp.2d 994 (N.D.Cal.
May 28, 1999) (California conviction of welfare fraud, in
violation of California Welf. & Inst.Code § 10980(c)(2),
constituted an aggravated felony under INA § 101(a)(43)(M)(i),
8 U.S.C. § 1101(a)(43)(M)(i), as "fraud or deceit in
which the loss to the victim or victims exceeds $10,000").
SUBMITTING FALSE CLAIM - FRAUD OFFENSE
Matter of Onyido, 22 I. &
N. Dec. 552 (BIA Mar.
FORGERY
United States v. Johnstone, 251 F.3d 281 (1st Cir. June 5,
2001) (Colorado conviction for forgery, on which a one-year
sentence was imposed, constituted an aggravated felony under
INA § 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), warranting
sentence enhancement for illegal re-entry under U.S.S.G. §
2L1.2(b)(1)(A)).
POSSESSION OF FORGED DOCUMENT - FORGERY
Richards v. Ashcroft, 400 F.3d
125 (2d Cir. Mar. 3, 2005) (Connecticut conviction of possession
of a forged document with intent to defraud, deceive, or injure,
in violation of Conn. Gen. Stat. § 53a-139, is "an offense
relating to . . . forgery" within the meaning of INA
§ 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), and is therefore
an aggravated felony for deportation purposes under INA §
237(a)(2)(A)(iii), 8 U.S.C.
FORGERY
Drakes v. Zimski, 240 F.3d 246 (3d Cir. Feb. 20, 2001) (Delaware
conviction for forgery in violation of 11 Del.C. § 861, with
one-year sentence imposed, was "aggravated felony,"
under INA § 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), causing
Court of Appeals to lose jurisdiction to consider petition
for review of deportation order).