Book updates to AF (Aggravated Felonies)

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

BAD CHECKS - CONSPIRACY

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. § 1101(a)(43)(G), (U), so as to permit enhancement
of the illegal re-entry sentence in defendants base offense
level pursuant to U.S.S.G.

jurisdiction: 
Fifth Circuit

ARSON - CRIME OF VIOLENCE

Tran v. Gonzales, 414 F.3d 464 (3d Cir.
July 12, 2005) (Pennsylvania conviction of "reckless
burning or exploding," in violation of 18 Pa.C.S.A. §
3301(d)(2), did not constitute a crime of violence under 18
U.S.C. § 16(b), and was therefore not an aggravated felony
crime of violence under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Third Circuit

CRIMINAL MISCHIEF - CRIME OF VIOLENCE

United States v. Landeros-Gonzales,
262 F.3d 424 (5th Cir. Aug. 14, 2001) (Texas conviction for
violation of "criminal mischief" statute, for the
intentional marking of anothers property, in violation of
Texas Penal Code § 28.03(a)(1-3), was not a "crime of
violence" and, consequently, was not an "aggravated
felony" warranting an enhanced sentence under U.S.S.G.

jurisdiction: 
Fifth Circuit

ARSON - CRIME OF VIOLENCE

Matter of Palacios-Pinera, 22 I. &
N. Dec. 434 (BIA Dec. 18, 1998) (en banc) (Alaska conviction
of arson in the first degree under section 11.46.400 of the
Alaska Statutes, with a seven-year sentence, was a "crime
of violence" and therefore an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

jurisdiction: 
BIA

CONCEALMENT OF MERCHANDISE - RECEIVING STOLEN PROPERTY

Ramtulla v. Ashcroft,
301 F.3d 202 (4th Cir. Aug. 22, 2002) (Virginia conviction
of concealment of merchandise, in violation of Va.Code Ann.
§ 18.2-103, constitutes a "theft offense" and with
a two-year suspended sentence therefore constitutes an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G)
for deportation purposes).

jurisdiction: 
Fourth Circuit

TRANSPORTATION OF STOLEN PROPERTY - FRAUD OFFENSE

Omari v. Gonzales, 419
F.3d 303 (5th Cir. July 25, 2005) (federal conviction of interstate
transportation of stolen, converted, and fraudulently obtained
property, in violation of 18 U.S.C. § 2314, is not an aggravated
felony under INA § 101(a)(43)(M)(i) for immigration purposes,
as not all parts of 18 U.S.C. § 2314 necessarily involve fraud
or deceit).

jurisdiction: 
Fifth Circuit

AUTO - RECEIVING STOLEN PROPERTY

United States v. Vasquez-Flores,
265 F.3d 1122 (10th Cir. Sept. 13, 2001), cert. denied, 122
S.Ct. 1180 (2002) (Utah conviction for attempting to knowingly
receive or transfer a stolen motor vehicle, in violation of
U.C.A. 1953 § 41-1a-1316, 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).

jurisdiction: 
Tenth Circuit

ATTEMPTED THEFT - THEFT OFFENSE

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).

jurisdiction: 
First Circuit

LARCENY - THEFT OFFENSE

Abimbola v. Ashcroft, 378 F.3d 173 (2d Cir.
Aug. 5, 2004) (Connecticut conviction of third-degree larceny,
under Conn. Gen. Stat. § 53a-124, constitutes an aggravated
felony theft offense under INA § 101(a)(43)(G), 8 U.S.C.
1101(a)(43)(G)).

jurisdiction: 
Second Circuit

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