Book updates to AF (Aggravated Felonies)

BURGLARY - UNLAWFUL ENTRY

United States v. Parker, 5 F.3d 1322, 1325
(9th Cir. Sept. 28, 1993) (California Information charging
burglary did not satisfy Taylor because of failure to allege
"unlawful or unprivileged" entry).

jurisdiction: 
Ninth Circuit

BURGLARY - AUTO

Matter of Perez, 22 I. & N. Dec. 1325 (BIA June
6, 2000) (en banc) (Texas conviction of burglary of a vehicle,
in violation of Texas Penal Code § 30.04(a), is not an aggravated
felony "burglary offense" within the definition
of INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G))

jurisdiction: 
BIA

KIDNAPPING - EXTORTION

United States v. Anderson, 989 F.2d 310 (9th Cir.
1993) (Washington: outlining generic definition of extortion
by reference to 18 U.S.C. § 1951 federal definition for purposes
of career offender sentencing enhancement).

jurisdiction: 
Ninth Circuit

CONSPIRACY - 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. § 1344 [bank fraud] with a loss in excess of
$10,000, is an aggravated felony fraud offense for immigration
purposes).

jurisdiction: 
First Circuit

CONSPIRACY - COUNTERFEITING

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

CONSPIRACY - COUNTERFEITING

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

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

CONSPIRACY - BANK FRAUD

United States v. Ogembe, 41 F.Supp.2d 567 (E.D.Pa.
Mar. 3, 1999) (federal conviction of conspiracy to commit
bank fraud in violation of 18 U.S.C. § 371 constitutes an
aggravated felony as an offense that "involves fraud
or deceit in which the loss to the victim or victims exceeds
$10,000" under INA § 101(a)(43)(M)(i), (U), 8 U.S.C.
§ 1101(a)(43)(M)(i), (U), regardless of sentence).

jurisdiction: 
Lower Courts of Third Circuit

CONSPIRACY - BAD CHECKS

United States v. Dabeit, 231 F.3d 979 (5th Cir.
Oct. 30, 2000), cert. denied, 531 U.S. 1202 (2001) (federal
conviction of conspiracy to perpetrate a checking and savings
account kite scheme, in violation of 18 U.S.C. § 2113(b),
was an aggravated felony, under INA § 101(a)(43)(G), (U),
8 U.S.C.

jurisdiction: 
Fifth Circuit

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