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)).
United States v. Liranzo, 944 F.2d 73,
78-79 (2d Cir. Sept.
United States v. Dolt, 27 F.3d 235, 239-240
(6th Cir. June 23, 1994) (federal conviction of solicitation
to traffic in cocaine is not a controlled substance offense
under the career offender provision in U.S.S.G.
United States
v. Estrada-Torres, 179 F.3d 776 (9th Cir. June 7, 1999) (California
conviction for sale/offer to sell/transportation of marijuana,
in violation of California Health & Safety Code § 11360(a),
was an "aggravated felony," under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of illegal re-entry
sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A)), cert.
denied, 531 U.S.
United States v. Cornelio-Pena, 435 F.3d
1279 (10th Cir. Jan. 30, 2006) (Arizona conviction of solicitation
to commit second-degree burglary of a dwelling, in violation
of Ariz. Rev. Stat. § 13-1002, 1507, is a crime of violence
under U.S.S.G.
Nguyen v. Ashcroft,
366 F.3d 386 (5th Cir. Apr. 26, 2004) (Oklahoma conviction
for facilitation of a drive-by shooting, under 21 Okl.St.Ann.
§ 652, subd. B., constituted a crime of violence aggravated
felony for deportation 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 does not establish deportability as
a drug-trafficking aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.
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, with a sentence imposed of one year
or more, establishes deportability as an aggravated felony,
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.
James v. Gonzales, ___ F.3d ___, 2006 WL
2536614 (5th Cir. Sept. 5, 2006) (federal conviction of aiding
and abetting bank fraud, in violation of 18 U.S.C.
Nguyen v.
Ashcroft, 366 F.3d 386 (5th Cir. Apr. 26, 2004) (Oklahoma
conviction for facilitation of a drive-by shooting, under
21 Okl.St.Ann. § 652, subd. B., constituted a crime of violence
aggravated felony for deportation purposes).