Book updates to AF (Aggravated Felonies)

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

OBLIGATIONS - COUNTERFEITING

Albillo-Figueroa v. INS, 221 F.3d 1070 (9th
Cir. Aug. 4, 2000) (federal conviction for possession of counterfeit
obligations, in violation of 18 U.S.C. § 472, is an "aggravated
felony" under INA § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R)
for immigration purposes).

jurisdiction: 
Ninth Circuit

ATTEMPTED RIOT - CRIME OF VIOLENCE

United States v. Hernandez-Rodriguez,
388 F.3d 779 (10th Cir. Nov. 12, 2004) (Utah misdemeanor conviction
for attempted riot, in violation of U.C.A. § 76-9-101, is
a crime of violence for purposes of imposing an eight-level
enhancement for previous conviction of an aggravated felony
under U.S.S.G. § 2L1.2(b)(1)(C), because the offense meets
the "crime of violence" definition in 18 U.S.C.
§ 16(a)).

jurisdiction: 
Tenth Circuit

FAILURE TO APPEAR TO FACE CHARGES

Barnaby v. Reno, 142 F.Supp.2d 277
(D.Conn. May 9, 2001) (Connecticut conviction for failure
to appear when legally called, in violation of Conn.Gen. Stat.
Ann. § 53a-172, held not to be an aggravated felony, under
INA § 101(a)(43)(T), 8 U.S.C.

jurisdiction: 
Lower Courts of Second Circuit

BANK FRAUD - FRAUD OFFENSE

Sharma v. Ashcroft, 158 F.Supp.2d 519,
521 (E.D.Pa. May 25, 2001) (federal conviction of bank fraud,
in violation of 18 U.S.C. § 1344, constitutes an "aggravated
felony" as defined by 8 U.S .C. § 1101(a)(43)(M)(i) for
immigration purposes).

jurisdiction: 
Lower Courts of Third Circuit

BANK FRAUD - CONSPIRACY

United States v. Ogembe, 41 F.Supp.2d 567
(E.D.Pa. Mar. 3, 1999) (federal conviction of conspiracy to
commit bank fraud in violation of 18 U.S.C. § 371 constitutes
an aggravated felony as an offense that "involves fraud
or deceit in which the loss to the victim or victims exceeds
$10,000" under INA §§ 101(a)(43)(M)(i), (U), 8 U.S.C.
§§ 1101(a)(43)(M)(i), (U), regardless of sentence).

jurisdiction: 
Lower Courts of Third Circuit

BANK FRAUD - FRAUD OFFENSE

Knutsen v. Gonzales, 429 F.3d 733 (7th
Cir. Nov. 22, 2005) (federal conviction of bank fraud, in
violation of 18 U.S.C. § 1344, did not constitute aggravated
felony fraud offense under INA § 101(a)(43)(M)(i), 8 U.S.C.

jurisdiction: 
Seventh Circuit

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