AGGRAVATED FELONY - PROSTITUTION
There could arguably be offenses relating to the "attempted promotion" of prostitution that dont come under 101(a)(43)(K)(i)which deploys 4 verbs: "owning, controlling, managing or supervising of a prostitution business." Those are specific verbs, seemingly aimed at the top end of the enterprise. Not everyone who has ever been involved with the prostitution business has "owned, controlled," etc; so there might be a statutory argument that an offense such as employment at a house of prostitution (i.e.
AGGRAVATED FELONY - STATUTORY RAPE
United States v. Chavarriya-Mejia, 2004 WL 908886 (11th Cir. April 29, 2004) (Kentucky rape in the third degree, "statutory rape" in violation of Ky.Rev.Stat. 510.060 is a "crime of violence" under U.S.S.G. 2L1.2, as the Kentucky statute assumes lack of consent, and "sexual offenses by adults against children inherently involve physical force against children.").
http://caselaw.findlaw.com/data2/circs/11th/0310753p.pdf
AGGRAVATED FELONY - RAPE - DIGITAL PENETRATION
Matter of Gutierrez-Martínez, A17-945-476 (unpublished) (BIA holds that "rape" under INA 101(a)(43)(A) does not include digital penetration).
AGGRAVATED FELONY - THEFT OFFENSE - CALIFORNIA THEFT FROM ELDER CONVICTION HELD NOT AN AGGRAVATED FELONY, SINCE IT PENALIZES THEFT OF LABOR WHICH LIES OUTSIDE DEFINITION OF THEFT OFFENSE
Macapagal v. INS, 2003 WL 21418375, (9th Cir. June 19, 2003) (No. 02-71167 unreported) (California conviction of theft from elder, in violation of Penal Code § 368(d), held not to be an aggravated felony, since it penalizes theft of labor which lies outside the federal definition of a theft offense).
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - MINOR - MINOR IS ANYONE UNDER 18 YEARS OF AGE
Matter of VFD, 23 I. & N. Dec. 859 (BIA 2006) (victim of sexual abuse who is under the age of 18 is a "minor" for purposes of determining whether a noncitizen has been convicted of sexual abuse of a minor within the meaning of INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A)).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3523.pdf
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - CHILD PORNOGRAPHY
Gonzalez v. Ashcroft, ___ F.Supp.2d ___ (S.D.N.Y. April 29, 2005) (New York conviction for "use of a child in a sexual performance" under New York Penal Law ("N.Y.P.L.") 263.05, did not constitute an offense relating to child pornography, and was therefore not an aggravated felony under INA 101(a)(43)(I), 8 U.S.C.
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR
Tokatly v. Ashcroft, 371 F.3d 613 (9th Cir. June 10, 2004) (Oregon convictions of First Degree Burglary and Attempted First Degree Kidnapping, in violation of Or. Rev. Stat. 163.225, 163.235, found not to be "crimes of domestic violence," under 8 U.S.C. 1227(a)(2)(E)(i), for deportation purposes, since there was no evidence in the record of conviction that victim was protected person under that statute, and Immigration Judge was precluded from relying upon testimony adduced at removal hearing, including admissions by respondent). In Tokatly v.
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - WASHINGTON CONVICTION OF COMMUNICATING WITH A MINOR FOR IMMORAL PURPOSES HELD NOT TO BE SEXUAL ABUSE OF A MINOR UNDER A CATEGORICAL ANALYSIS, BUT WAS A DIVISIBLE STATUTE
Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (9th Cir. July 11, 2005) (Washington conviction of communication with a minor for immoral purposes, in violation of Washington Revised Code 9.68A.090, was an aggravated felony that met the definition of "sexual abuse of a minor" under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), applying the modified categorical approach to a divisible statue, and therefore disqualified the noncitizen from eligibility for cancellation of removal).
http://caselaw.lp.findlaw.com/data2/circs/9th/0374010p.pdf
AGGRAVATED FELONY - FRAUD OFFENSE - FALSE STATEMENT TO GOVERNMENT OFFICIAL
Li v. Ashcroft, 389 F.3d 892 (9th Cir. Nov. 19. 2004) (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. 1101(a)(43)(M)(i), since it does not require proof of any monetary loss and so does not automatically satisfy the element of this aggravated felony definition requiring a loss to the victim(s) in excess of $10,000, so the record of conviction must be examined to determine whether the conviction falls within the definition).
AGGRAVATED FELONY - FRAUD OFFENSE - FALSE CLAIM AGAINST THE UNITED STATES
Li v. Ashcroft, 389 F.3d 892, 897 (9th Cir. Nov. 19. 2004) (conviction of making a false claim against the United States, in violation of 18 U.S.C. 287, is divisible with respect to the fraud offense aggravated felony defined in INA 101(a)(43)(M)(i), 8 U.S.C.
