Book updates to AF (Aggravated Felonies)

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

CONSPIRACY - EXPORT FIREARMS WITHOUT LICENSE

Kuhali v. Reno, 266 F.3d
93 (2d Cir. Sept. 27, 2001) (federal conviction for conspiracy
to export firearms without license, in violation of 18 U.S.C.
§ 371 and 22 U.S.C. 2778, constitutes an aggravated felony
under INA § 101(a)(43)(C), (U), 8 U.S.C.

jurisdiction: 
Second Circuit

CONSPIRACY - TAX EVASION

Evangelista v. Ashcroft, 204 F.Supp.2d 405,
406 (E.D.N.Y. May 7, 2002) (federal convictions of conspiracy
to impede the IRS in collection of income and payroll taxes
in violation of 18 U.S.C. § 371, failure to collect or pay
income/FICA taxes in violation of 26 U.S.C. § 7202, and attempt
to evade or defeat tax in violation of 26 U.S.C.

jurisdiction: 
Lower Courts of Second Circuit

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