Book updates to AF (Aggravated Felonies)

INVOLUNTARY MANSLAUGHTER - CRIME OF VIOLENCE

Matter of Alcantar, 20 I.
& N. Dec. 801 (BIA May 25, 1994) (Illinois conviction
for involuntary manslaughter under Ill. Rev. Stat. ch. 38,
para. 9-3(a), with a sentence to 10 years in prison, constituted
a "crime of violence" under 18 U.S.C. § 16(b), and
an "aggravated felony" as defined in INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for immigration purposes).

jurisdiction: 
BIA

MURDER - ATTEMPTED MURDER

United States v. Morgan, 380 F.3d 698 (2d
Cir. Aug. 19, 2004) (New York conviction for second-degree
attempted murder, with sentence to indeterminate term of two-and-a-half
to seven-and-a-half years imprisonment, properly treated
as an "aggravated felony" for illegal re-entry sentencing
purposes, even though it was not an aggravated felony under
the relevant immigration statute at the time of the conviction).

jurisdiction: 
Second Circuit

USE OF INTERSTATE COMMERCE FACILITIES FOR MURDER FOR HIRE - CRIME OF VIOLENCE

Ng v. Attorney General, 436 F.3d 392 (3d Cir.
Feb. 7, 2006) (federal conviction of use of interstate commerce
facilities in the commission of a murder-for-hire, in violation
of 18 U.S.C. § 1958, constitutes a crime of violence aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Third Circuit

MURDER

Castiglia v. INS, 108 F.3d 1101 (9th Cir. Mar. 7, 1997) (second-degree
murder conviction constituted aggravated felony under INA
§ 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A)).

jurisdiction: 
Ninth Circuit

MURDER

Lettman v. Reno, 207 F.3d 1368 (11th Cir. Mar. 31, 2000) (Florida:
conviction of third-degree murder constitutes an aggravated
felony under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A),
for deportation purposes).

jurisdiction: 
Eleventh Circuit

MURDER

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).

jurisdiction: 
BIA

CRIMINALLY NEGLIGENT HOMICIDE - CRIME OF VIOLENCE

United States v. Dominguez-Ochoa,
386 F.3d 639 (5th Cir. Sept. 22, 2004) (Texas conviction of
criminally negligent homicide, under Tex. Penal Code § 19.05,
did not constitute crime of violence aggravated felony under
U.S.S.G.

jurisdiction: 
Fifth Circuit

VEHICULAR HOMICIDE BY INTOXICATION - CRIME OF VIOLENCE

Bazan-Reyes v.
INS, 256 F.3d 600 (7th Cir. July 5, 2001) (Wisconsin conviction
for homicide by intoxicated use of vehicle, in violation of
Wis.St.1996, § 940.09, was not an aggravated felony crime
of violence, under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
for deportation purposes, since offense required that offender
actually hit someone, but did not require that he intentionally
use force to achieve that result).

jurisdiction: 
Seventh Circuit

VEHICULAR HOMICIDE - CRIME OF VIOLENCE

Omar v. INS, 298 F.3d 710 (8th
Cir. Aug. 5, 2002) (Minnesota conviction of criminal vehicular
homicide, in violation of M.S.A. § 609.21, subd. 1(4), was
a crime of violence, and therefore was an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
removal purposes).

jurisdiction: 
Eighth Circuit

MANSLAUGHTER - CRIME OF VIOLENCE

United States v. Moore, 38 F.3d 977 (8th
Cir. Oct. 24, 1994) (federal conviction of manslaughter is
a crime of violence within meaning of federal sentencing statute
different from 18 U.S.C. § 16 and the aggravated felony definition
contained in INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

jurisdiction: 
Eighth Circuit

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