Book updates to AF (Aggravated Felonies)

TAX EVASION

Evangelista v. Ashcroft, 359 F.3d 145 (2d Cir. Feb.
23, 2004) (federal conviction of 26 U.S.C. § 7201, "defeating
a tax" is an offense "relating to tax evasion,"
under that statute, and therefore constitutes an aggravated
felony under INA § 101(a)(43)(M)(ii), for removal purposes
because "defeating a tax" and "evading a tax"
are interchangeable terms).

jurisdiction: 
Second Circuit

TAX EVASION - ATTEMPT

Evangelista v. Ashcroft, 232 F.Supp.2d 30
(E.D.N.Y. Nov. 22, 2002) (federal conviction of attempt to
evade or defeat tax in violation of 26 U.S.C. § 7201, charged
as attempting to avoid an amount of tax liability in excess
of $300,000, constituted an aggravated felony, under INA §
101(a)(43)(M)(ii), 8 U.S.C. § 1101(a)(43)(M)(ii), for deportation
purposes).

jurisdiction: 
Lower Courts of Second Circuit

FLIGHT FROM OFFICER - CRIME OF VIOLENCE

United States v. Campos-Fuerte,
357 F.3d 956 (9th Cir. Feb. 4, 2004) (California conviction
of fleeing from an officer by driving a vehicle in a willful
or wanton manner, in violation of California Vehicle Code
§ 2800.2, constitutes a crime of violence under 18 U.S.C.
§ 16(b), and is therefore an aggravated felony under INA §
101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of
enhancing an illegal re-entry sentence).

jurisdiction: 
Ninth Circuit

WELFARE FRAUD - FRAUD OFFENSE

Ferreira v. Ashcroft, 390 F.3d 1091
(9th Cir. Dec. 1, 2004) (California conviction of welfare
fraud, in violation of Welf. & Inst.

jurisdiction: 
Ninth Circuit

CONTEMPT OF COURT - OBSTRUCTION OF JUSTICE

Alwan v. Ashcroft, 388 F.3d
507 (5th Cir. Oct. 18, 2004) (federal conviction of contempt
of court, under 18 U.S.C. § 401(3), was one "relating
to obstruction of justice," and thus an "aggravated
felony" for immigration purposes).

jurisdiction: 
Fifth Circuit

CRIMINAL CONTEMPT - CRIME OF VIOLENCE

Matter of Aldabesheh, 22 I. &
N. Dec. 983 (BIA Aug. 30, 1999) (en banc) (New York conviction
for criminal contempt in the first degree, in violation of
section 215.51(b)(i) of the New York Penal Law, with a sentence
to imprisonment of at least one year, is a conviction for
a crime of violence as defined under 18 U.S.C. § 16(b), thus
rendering it an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F)).

jurisdiction: 
BIA

SECURITIES - COUNTERFEITING

Kamagate v. Ashcroft, 385 F.3d 144 (2d Cir.
Sept. 21, 2004) (federal conviction of conspiracy to utter
and possess counterfeit securities in violation of 18 U.S.C.
§§ 371, 513(a), constitutes an aggravated felony, as "an
offense relating to . . . counterfeiting," under INA
§ 101(a)(43)(R), (U), 8 U.S.C. § 1101(a)(43)(R), (U), triggering
deportability under INA § 237(a)(2)(A)(iii), 8 U.S.C.

jurisdiction: 
Second Circuit

POSSESSION OF COUNTERFEIT SECURITIES - FRAUD OFFENSE

Sui v. INS, 250
F.3d 105 (2d Cir. May 11, 2001) (federal conviction of violating
18 U.S.C. § 513(a), possession of counterfeit securities with
intent to deceive, does not constitute a deportable aggravated
felony as a conviction of an offense involving fraud, under
INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i), since
the loss to the victims as a result of defendants actions
did not exceed $10,000).

jurisdiction: 
Second Circuit

POSSESSION OF COUNTERFEIT SECURITIES - ATTEMPT

Sui v. INS, 250 F.3d 105
(2d Cir. May 11, 2001) (federal conviction of violating 18
U.S.C. § 513(a), possession of counterfeit securities with
intent to deceive, does not necessarily constitute an attempt
to pass counterfeit securities and cause a loss, and is therefore
not an "attempt" to commit an aggravated felony
under INA § 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U), for
deportation purposes).

jurisdiction: 
Second 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.

jurisdiction: 
Fifth Circuit

Archives

Sep 2010

Categories

Tags