Matter of Espinoza, 22 I.
& N. Dec. 889 (BIA June 11, 1999) (en banc) (federal conviction
for misprision of a felony under 18 U.S.C. § 4 does not constitute
a conviction for an aggravated felony under INA § 101(a)(43)(S),
8 U.S.C. § 1101(a)(43)(S), as an offense relating to obstruction
of justice), distinguishing Matter of Batista-Hernandez, 21
I. & N. Dec. 955 (BIA July 15, 1997)).

Matter of Joseph,
22 I. & N. Dec. 799, 808 (BIA May 28, 1999) ("[I]t
is substantially unlikely that the offense of simply obstructing
or hindering ones own arrest will be viewed as an obstruction
of justice aggravated felony under INA § 101(a)(43)(S), 8
U.S.C. § 1101(a)(43)(S) of the Act for removal purposes.").

Matter of Batista-Hernandez,
21 I. & N. Dec. 955 (BIA July 15, 1997) (federal conviction
pursuant to 18 U.S.C. § 3 as accessory after the fact to a
drug-trafficking crime establishes deportability as an aggravated
felony under former INA § 241(a)(2)(A)(iii), because the offense
of accessory after the fact falls within the definition of
an obstruction of justice crime under INA § 101(a)(43)(S),
8 U.S.C.

Lopez-Elias v. Reno, 209 F.3d 788 (5th Cir. May 1,
2000), cert. denied, 531 U.S. 1069 (2001) (Texas conviction
of burglary of vehicle with intent to commit theft, in violation
of Tex. Penal Code § 30.04(a), with suspended sentence of
four years imprisonment, was not a burglary offense under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) sufficient
to render noncitizen deportable).

United States v. Vasquez-Flores,
265 F.3d 1122 (10th Cir. Sept. 13, 2001), cert. denied, 122
S.Ct. 1180 (2002) (Utah conviction for knowingly attempting
to receive or transfer a stolen motor vehicle, in violation
of Utah Code § 41-1a-1316 (1953), was an "aggravated
felony" under INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G)
for enhancement purposes under U.S.S.G. § 2L1.2(b)(2) of an
illegal re-entry sentence).

Matter of Bahta, 22 I. &
N. Dec. 1381 (BIA Oct. 4, 2000) (Nevada conviction for attempted
possession of stolen property, in violation of Nevada Revised
Statutes §§ 193.330 and 205.275, is a conviction for an attempted
"theft offense (including receipt of stolen property),"
and therefore an aggravated felony, within the meaning of
INA §§ 101(a)(43)(G) and (U), 8 U.S.C. §§ 1101(a)(43)(G) and
(U)).

United States v. Lugo,
170 F.3d 996, 51 Fed. R. Evid. Serv. 918 (10th Cir. Mar. 11,
1999) (Utah conviction of attempted possession of a controlled
substance, in violation of U.C.A.1953, § 58-37-8(1)(a)(ii),
constituted an "aggravated felony," under INA §
101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B), for purposes of
enhancing a sentence for illegal re-entry).

United States v. Phillips,
413 F.3d 1288 (11th Cir. June 22, 2005) (state conviction
of attempted sale of a controlled substance is a drug trafficking
offense for sentencing purposes).

Matter of Onyido, 22 I. & N.
Dec. 552 (BIA Mar.

Vieira-Garcia v. INS, 239 F.3d 409 (1st Cir. Feb.
21, 2001) (Rhode Island conviction of attempted theft and
sentence to term of ten years imprisonment constituted an
aggravated felony under INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G),
triggering deportation).