Book updates to AF (Aggravated Felonies)

PETTY THEFT - THEFT OFFENSE

United States v. Esparza-Ponce, 7 F.Supp.2d
1084 (S.D.Cal. May 18, 1998) (California conviction of theft,
in violation of California Penal Code § 484, could constitute
an "aggravated felony" under INA § 101(a)(43)(G),
8 U.S.C.

jurisdiction: 
Lower Courts of Ninth Circuit

GRAND THEFT - THEFT OFFENSE

Jaggerneuth v. U.S. Atty General, 432
F.3d 1346 (11th Cir. Dec. 19, 2005) (Florida conviction of
grand theft, in violation of Fla. Stat. § 812.014(1), did
not constitute aggravated felony theft, under INA § 101(a)(43)(G),
8 U.S.C.

jurisdiction: 
Eleventh Circuit

PETTY THEFT - THEFT OFFENSE

United States v. Christopher, 239 F.3d
1191 (11th Cir. Jan. 22, 2001), cert. denied, 122 S.Ct. 178
(2001) (Georgia conviction for misdemeanor shoplifting, with
a maximum of one year, qualified as an aggravated felony under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for enhancing
illegal re-entry sentence pursuant to U.S.S.G.

jurisdiction: 
Eleventh Circuit

RELIEF - 212(C) RELIEF - ELIGIBILITY - NONCITIZEN NOT ELIGIBLE FOR 212(C) RELIEF DESPITE FACT THAT AGGRAVATED FELONY OFFENSE TRIGGERING DEPORTATION CONSTITUTED CRIME OF MORAL TURPITUDE FOR WHICH THERE IS A COMPARABLE GROUND OF INADMISSIBILITY

Dalombo Fontes v. Gonzales, ___ F.3d ___, 2007 WL 949590 (1st Cir. March 30, 2007) (rejecting argument that the Board of Immigration Appeals erred in finding noncitizen ineligible for discretionary relief under former INA 212(c) because the crime forming the basis for the aggravated felony/crime of violence finding, first-degree sexual assault, is a "crime involving moral turpitude" under INA 212(a), 8 U.S.C. 1182(a), which does have a counterpart in section 212(a) and is thus waivable under section 212(c)).

jurisdiction: 
First Circuit

THEFT OF SERVICES - THEFT OFFENSE

Ilchuk v. Attorney General, 434
F.3d 618 (3d Cir. Jan. 17, 2006) (Pennsylvania conviction
of theft of services, in violation of 18 Penn. Consol. Stats.
Ann.

jurisdiction: 
Third Circuit

THEFT - FRAUD OFFENSE

Munroe v. Ashcroft, 353 F.3d 225 (3d Cir.
Dec. 16, 2003) (New Jersey conviction of theft by deception,
N.J.S.A. § 2C: 20-4, held to be aggravated felony fraud conviction
under INA § 101(a)(43)(M)(i), 8 U.S.C.

jurisdiction: 
Third Circuit

THEFT BY DECEPTION - THEFT OFFENSE

Nugent v. Ashcroft, 367 F.3d
162 (3d Cir. May 7, 2004) (Pennsylvania conviction of theft
by deception, in violation of 18 Pa. Cons. Stat. Ann. § 3922(a),
with an indeterminate sentence from a minimum of six months
to a maximum of 23 months, does not trigger removal as an
aggravated felony fraud conviction under INA § 101(a)(43)(M)(i),
8 U.S.C.

jurisdiction: 
Third Circuit

FRAUDULENT USE OF A CREDIT CARD TO OBTAIN PROPERTY - THEFT OFFENSE

Soliman
v. Gonzales, 419 F.3d 276 (4th Cir. Aug.

jurisdiction: 
Fourth Circuit

CONSPIRACY TO ENGAGE IN CHECK FRAUD - THEFT OFFENSE

United States v.
Dabeit, 231 F.3d 979 (5th Cir. Oct. 30, 2000), cert. denied,
531 U.S. 1202, 121 S.Ct. 1214 (2001) (federal conviction for
conspiracy to perpetrate a checking and savings account kite
scheme, in violation of 18 U.S.C. § 2113(b), was an "aggravated
felony," under an attempted theft theory of INA § 101(a)(43)(G),
(U), 8 U.S.C.

jurisdiction: 
Fifth Circuit

CONSPIRACY TO POSSESS STOLEN MOTOR VEHICLES - FRAUD OFFENSE

Iysheh v.
Gonzales, 437 F.3d 613 (7th Cir. Feb. 1, 2006) (federal conviction
of "conspiracy to transport, receive, possess, etc. stolen
motor vehicles" in violation of 18 U.S.C. § 371 and
2313(a), constituted a fraud aggravated felony, under INA
§ 101(a)(43)(M)(i), 8 U.S.C.

jurisdiction: 
Seventh Circuit

Archives

Sep 2010

Categories

Tags