Book updates to AF (Aggravated Felonies)

CRIME OF VIOLENCE - RECKLESS ENDANGERMENT

Singh v. Gonzales, 432
F.3d 533, 540-541 (3d Cir. Jan. 3, 2006) (Pennsylvania misdemeanor
conviction of recklessly endangering another person, in violation
of 18 Pa. Cons.Stat. Ann. § 2705, with a sentence of one year
or more, did not constitute a crime of violence under 18 U.S.C.
§ 16(a), and was not a felony conviction, and therefore did
not constitute a crime of violence under 18 U.S.C.

jurisdiction: 
Third Circuit

CRIME OF VIOLENCE - CHILD ABUSE WITH INJURY

Mathews v. Reno, 52
F.Supp.2d 195 (D.Mass. May 18, 1999) (Rhode Island conviction
of second-degree child abuse, the infliction upon a child
of any "serious physical injury," in violation of
R.I. Gen. Laws § 11-9-5.3(2), constitutes a crime of violence
under 18 U.S.C. § 16(a), and is considered an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Lower Courts of First Circuit

CONSPIRACY - DISTRIBUTE CONTROLLED SUBSTANCE

Turkhan v. INS, 123 F.3d
487, 488 (7th Cir. Aug. 12, 1997) (federal conviction of conspiracy
to distribute cocaine in violation of 21 U.S.C. § 846 constituted
aggravated felony conviction under INA § 101(a)(43)(B), 8
U.S.C. § 1101(a)(43)(B), (U), for deportation purposes),
overruled on other grounds by LaGuerre v. Reno, 164 F.3d 1035
(7th Cir. Dec. 22, 1998).

jurisdiction: 
Seventh Circuit

CONSPIRACY - HARBOR ALIENS

Gavilan-Cuate v. Yetter, 276 F.3d 418 (8th
Cir. Jan. 9, 2002) (federal conviction of conspiracy to transport
and harbor illegal aliens, in violation of INA § 274(a)(1)(A)(ii)
and (iii), 8 U.S.C. § 1324(a)(1)(A)(ii) and (iii), constituted
an aggravated felony under INA § 101(a)(43)(N), 8 U.S.C.
1101(a)(43)(N), despite parenthetical mentioning smuggling).

jurisdiction: 
Eighth Circuit

CONSPIRACY - DEFRAUD THE UNITED STATES

Li v. Ashcroft, 389 F.3d 892 (9th
Cir. Nov. 19, 2004) (federal conviction of conspiracy to defraud
the United States, in violation of 18 U.S.C. § 371, is divisible
with respect to the fraud offense aggravated felony defined
in INA § 101(a)(43)(M)(i), 8 U.S.C.

jurisdiction: 
Ninth Circuit

CONSPIRACY - BANK FRAUD

Bejacmar v. Ashcroft, 291 F.3d 735 (11th Cir.
May 14, 2002) (federal conviction of conspiracy to commit
bank fraud, a violation of 18 U.S.C. § 371, constituted an
aggravated felony under INA § 101(a)(43)(M)(I), (U), 8 U.S.C.
§ 1101(a)(43)(M)(i), (U), since the loss to the victim exceeded
$10,000).

jurisdiction: 
Eleventh Circuit

CONSPIRACY - DISTRIBUTE CONTROLLED SUBSTANCE

Matter of Davis, 20 I. &
N. Dec. 536 (BIA May 28, 1992) (Maryland conviction of conspiracy
to distribute a controlled substance, in violation of article
27, section 286(a)(1) of the Maryland Annotated Code, constitutes
a "drug trafficking crime" as defined in 18 U.S.C.
§ 924(c)(2) (1988), and is therefore an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C.

jurisdiction: 
BIA

COUNTERFEITING - BANK FRAUD

Conteh v.
Gonzales, __ F.3d __ (1st Cir. Aug. 22, 2006) (Federal conviction
for conspiracy under 18 U.S.C. § 371, where the underlying
offense was a violation of 18 U.S.C. § 513(a) [possession
of counterfeit security] with a loss in excess of $10,000,
is an aggravated felony fraud offense for immigration purposes).

jurisdiction: 
First Circuit

COUNTERFEITING - SECURITIES

Kamagate v. Ashcroft, 385 F.3d 144 (2d Cir. Sept.
21, 2004) (federal conviction of conspiracy to utter and possess
counterfeit securities in violation of 18 U.S.C. § 371, 513(a),
constitutes an aggravated felony, as "an offense relating
to . . . counterfeiting," under INA § 101(a)(43)(R),
(U), 8 U.S.C. § 1101(a)(43)(R), (U), triggering deportability
under INA § 237(a)(2)(A)(iii), 8 U.S.C.

jurisdiction: 
Second Circuit

ATTEMPT - POSSESSION OF COUNTERFEIT SECURITIES

Sui v. INS, 250 F.3d
105 (2d Cir. May 11, 2001) (federal conviction of violating
18 U.S.C. § 513(a), possession of counterfeit securities with
intent to deceive, does not necessarily constitute an attempt
to pass counterfeit securities and cause a loss, and is therefore
not an "attempt" to commit an aggravated felony
under INA § 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), for
deportation purposes).

jurisdiction: 
Second Circuit

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