United States v. Martinez-Garcia, 268 F.3d
460 (7th Cir. Sept. 28, 2001), cert. denied, 122 S.Ct. 1111
(2002) (Illinois conviction of burglary of vehicle with intent
to commit theft constituted "attempt", under INA
§ 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), to commit a "theft
offense" under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
for purposes of enhancing an illegal re-entry sentence under
U.S.S.G.
Matter of Onyido, 22 I. & N. Dec.
552 (BIA Mar.
Matter of Punu, 22 I. & N. Dec. 224 (BIA Aug. 18,
1998) (Texas conviction of attempted murder constitutes aggravated
felony under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A)
for deportation purposes).
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.
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.
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.
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).
Alfarache v. Cravener, 203 F.3d 381,
384 (5th Cir. Feb. 22, 2000), cert. denied, 531 U.S. 813,
121 S.Ct. 46 (2000) (federal conviction of conspiracy to participate
in a racketeering enterprise, in violation of 18 U.S.C. §
1962(d), was an "aggravated felony" under INA §
101(a)(43)(J), 8 U.S.C. § 1101(a)(43)(J), for immigration
purposes).
Jideonwo v. INS, 224
F.3d 692 (7th Cir. Aug. 23, 2000) (federal conviction of conspiracy
to possess heroin with intent to distribute is an "aggravated
felony" under INA § 101(a)(43)(B), (U), 8 U.S.C.
1101(a)(43)(B), (U), for purposes of disqualifying a noncitizen
from eligibility for a discretionary waiver of deportation).
United States v. Delgado-Enriquez, 188
F.3d 592 (5th Cir. Sept. 10, 1999) (Colorado conviction of
first-degree criminal trespass by one who "knowingly
and unlawfully enters or remains in a dwelling or if he enters
any motor vehicle with intent to steal anything of value"
in violation of Colo.Rev.Stat. Ann. § 18-4-502, was crime
of violence under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)
and 18 U.S.C.