Book updates to AF (Aggravated Felonies)

AGGRAVATED FELONY " STATUTORY RAPE

United States v. Sanchez, 667 F.3d 555 (5th Cir. Jan. 10, 2012) (Texas conviction of completed sexual assault of a child, in violation of Texas Penal Code 22.011(a)(2) and (c)(1), and 15.01(a), constituted a crime of violence, within the meaning of U.S.S.G.

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY " ATTEMPTED SEXUAL ASSAULT OF A CHILD " CRIME OF VIOLENCE

United States v. Sanchez, 667 F.3d 555 (5th Cir. Jan. 10, 2012) (Texas conviction of completed sexual assault of a child, in violation of Texas Penal Code 22.011(a)(2) and (c)(1), and 15.01(a), constituted a crime of violence, within the meaning of U.S.S.G.

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY " SEXUAL ABUSE OF A MINOR " STATUTORY RAPE

United States v. Vidal-Mendoza, ___ F.Supp.3d ___, 2011 WL 1560987 (D.Or. Apr. 25, 2011) (Oregon conviction of rape in the third degree, under Or. Rev. Statute 163.355 [sexual intercourse with another person under 16 years of age.], held not categorically an aggravated felony under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), because the Oregon statute allows for a conviction if the person has sexual intercourse with another person under 16 years of age, O.R.S. 163.355(1), which is broader than the elements of sexual abuse of a minor as defined in federal criminal law at 18 U.S.C.

jurisdiction: 
Other

AGGRAVATED FELONY " PROSTITUTION OFFENSES " DEFINITION OF PROSTITUTION

Prus v. Holder, 660 F.3d 144 (2d Cir. Sept. 28, 2011) (per curiam) (prostitution in INA 101(a)(43)(K)(i) refers to promiscuous sexual intercourse for hire.); deferring to Matter of Gonzales"Zoquiapan, 24 I & N Dec. 549, 553 (BIA 2008) (prostitution in INA 212(a)(2)(D), which relates to the inadmissibility of aliens entering the United States to engage in prostitution, means promiscuous sexual intercourse for hire. 22 C.F.R. 40.24(b).).

jurisdiction: 
Second Circuit

AGGRAVATED FELONY " THEFT OFFENSE " DEFINITION

United States v. Rivera, 658 F.3d 1073 (9th Cir. Sept. 23, 2011)(California conviction of theft, in violation of Penal Code 484(a), does not categorically constitute an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), because it penalizes additional conduct that is not encompassed within the aggravated felony theft definition, such as theft of labor, false credit reporting, and theft by false pretenses); citing Carrillo"Jaime v.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " THEFT OFFENSE " GENERIC DEFINITION

United States v. Rivera, 658 F.3d 1073 (9th Cir. Sept. 23, 2011) (the generic definition an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), is [1] a taking of property or an exercise of control over property [2] without consent [3] with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent. ); quoting Carrillo"Jaime v. Holder, 572 F.3d 747, 750 (9th Cir.2009) (quoting United States v. Corona"Sanchez, 291 F.3d 1201, 1205 (9th Cir.2002) (en banc).

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY "SEXUAL ABUSE OF A MINOR

United States v. Tafoya-Montelongo, 659 F.3d 738 (9th Cir. Sept.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " PROSTITUTION BUSINESS " DEFINITION

Rosario v. Holder, ___F.3d ___, 2011 WL 3715279 (7th Cir. Aug. 24, 2011) (The INA requires that the offense relate to the owning, controlling, managing or supervising of a prostitution business. INA 101(a)(43)(K)(i); 8 U.S.C. 1101(a)(43)(K)(i) (emphasis added). Those terms are not defined in the INA, and so we give them their plain, ordinary meaning. Smith v. United States, 508 U.S. 223, 228, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993) ( When a word is not defined by statute, we normally construe it in accord with its ordinary or natural meaning. ) (quoting Perrin v. United States, 444 U.S.

jurisdiction: 
Seventh Circuit

AGGRAVATED FELONY " THEFT OFFENSE " DEFINITION

Hernandez-Cruz v. Holder, ___ F.3d ___, ___ (9th Cir. Jul. 7, 2011) (A generic theft offense, in turn, is defined as: [1] a taking of property or an exercise of control over property [2] without consent [3] with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent.); quoting Carrillo-Jaime v. Holder, 572 F.3d 747, 750 (9th Cir. 2009) (citation and quotation marks omitted, alterations in original).

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " THEFT OFFENSE " DEFINITION

Hernandez-Cruz v. Holder, ___ F.3d ___, ___n.16 (9th Cir. Jul. 7, 2011) (There was also no dispute in Ngaeth that the immigrants intent in breaking into the locked vehicle was to commit a generic theft offense, as opposed to some other kind of theft offense included in Californias larceny statute, Cal. Penal Code 484, which criminalizes some conduct, such as theft of labor and false credit reporting, that do not meet the generic definition. See United States v. Corona-Sanchez, 291 F.3d 1201, 1208 (9th Cir. 2002) (en banc), superseded on other grounds by U.S.S.G. 2L1.2, cmt.

jurisdiction: 
Ninth Circuit

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