Book updates to AF (Aggravated Felonies)

FALSE STATEMENT TO GOVERNMENT OFFICIAL - FRAUD OFFENSE

Li v. Ashcroft,
389 F.3d 892 (9th Cir. Nov. 19, 2004) (federal conviction
of making a false statement to a United States official, in
violation of 18 U.S.C. § 1001, is divisible with respect to
the fraud offense aggravated felony defined in INA § 101(a)(43)(M)(i),
8 U.S.C.

jurisdiction: 
Ninth Circuit

FALSE TAX RETURN - FRAUD OFFENSE

Abreu-Reyes v. INS, 292 F.3d 1029
(9th Cir. June 10, 2002) (federal conviction of subscribing
to a false tax return, in violation of 26 U.S.C. § 7206(1),
constituted an aggravated felony as a fraud offense under
INA § 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i) for removal
purposes), opinion withdrawn on grant of rehearing by, 350
F.3d 966 (9th Cir. Nov. 21, 2003).

jurisdiction: 
Ninth Circuit

WELFARE FRAUD - FRAUD OFFENSE

Danh v. Demore, 59 F.Supp.2d 994 (N.D.Cal.
May 28, 1999) (California conviction of welfare fraud, in
violation of California Welf. & Inst.Code § 10980(c)(2),
constituted an aggravated felony under INA § 101(a)(43)(M)(i),
8 U.S.C. § 1101(a)(43)(M)(i), as "fraud or deceit in
which the loss to the victim or victims exceeds $10,000").

jurisdiction: 
Lower Courts of Ninth Circuit

SUBMITTING FALSE CLAIM - FRAUD OFFENSE

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

jurisdiction: 
BIA

FORGERY

United States v. Johnstone, 251 F.3d 281 (1st Cir. June 5,
2001) (Colorado conviction for forgery, on which a one-year
sentence was imposed, constituted an aggravated felony under
INA § 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), warranting
sentence enhancement for illegal re-entry under U.S.S.G. §
2L1.2(b)(1)(A)).

jurisdiction: 
First Circuit

POSSESSION OF FORGED DOCUMENT - FORGERY

Richards v. Ashcroft, 400 F.3d
125 (2d Cir. Mar. 3, 2005) (Connecticut conviction of possession
of a forged document with intent to defraud, deceive, or injure,
in violation of Conn. Gen. Stat. § 53a-139, is "an offense
relating to . . . forgery" within the meaning of INA
§ 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), and is therefore
an aggravated felony for deportation purposes under INA §
237(a)(2)(A)(iii), 8 U.S.C.

jurisdiction: 
Second Circuit

FORGERY

Drakes v. Zimski, 240 F.3d 246 (3d Cir. Feb. 20, 2001) (Delaware
conviction for forgery in violation of 11 Del.C. § 861, with
one-year sentence imposed, was "aggravated felony,"
under INA § 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), causing
Court of Appeals to lose jurisdiction to consider petition
for review of deportation order).

jurisdiction: 
Third Circuit

FORGERY

Matter of Aldabesheh, 22 I. & N. Dec. 983 (BIA Aug. 30,
1999) (en banc) (New York conviction for forgery in the second
degree, in violation of section 170.10(2) of the New York
Penal Law, is an aggravated felony under INA § 101(a)(43)(R),
8 U.S.C. § 1101(a)(43)(R)).

jurisdiction: 
BIA

PERJURY

Matter of Martinez-Recinos, 23 I. & N. Dec. 175 (BIA Oct.
15, 2001) (California conviction for perjury in violation
of California Penal Code § 118(a) constitutes a conviction
for an aggravated felony under INA § 101(a)(43)(S), 8 U.S.C.
§ 1101(a)(43)(S) for immigration purposes).

jurisdiction: 
BIA

CHILD ABUSE WITH INJURY - CRIME OF VIOLENCE

Mathews v. Reno, 52
F.Supp.2d 195 (D.Mass. May 18, 1999) (Rhode Island conviction
of second-degree child abuse, the infliction upon a child
of any "serious physical injury," in violation of
R.I. Gen. Laws § 11-9-5.3(2), constitutes a crime of violence
under 18 U.S.C. § 16(a), and is considered an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Lower Courts of First Circuit

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