Book updates to AF (Aggravated Felonies)

ROBBERY - CRIME OF VIOLENCE

Matter of SS, 22 I. & N. Dec. 458
(BIA Jan. 21, 1999) (Washington conviction of first-degree
robbery of an occupied home while armed with a handgun, in
violation of Wash. Rev. Code § 9A.56.200(1), with a sentence
to 55 months imprisonment, is an aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
BIA

ROBBERY - CRIME OF VIOLENCE

Matter of LSJ, 21 I. & N. Dec. 973
(BIA July 29, 1997) (Florida conviction of robbery using a
handgun with a sentence of two and a half years in prison
constitutes an aggravated felony, within the meaning of INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), as a crime of
violence for which the sentence is at least one year).

jurisdiction: 
BIA

AGGRAVATED STALKING - CRIME OF VIOLENCE

United States v. Insaulgarat,
378 F.3d 456 (5th Cir. July 19, 2004) (Florida conviction
of aggravated stalking (after being subject to a domestic
violence protective order, "knowingly, willfully, maliciously,
and repeatedly follows or harasses another person"),
in violation of Florida Statute § 784.048(4) (1993), did not
constitute a crime of violence within the meaning of U.S.S.G.

jurisdiction: 
Fifth Circuit

STALKING - CRIME OF VIOLENCE

United States v. Jones, 231 F.3d 508,
519-520 (9th Cir. Sept.

jurisdiction: 
Ninth Circuit

ATTEMPTED MANSLAUGHTER - CRIME OF VIOLENCE

Matter of Yeung, 21 I. &
N. Dec. 610 (BIA Nov. 27, 1996) (Florida conviction of attempted
manslaughter with a knife constituted aggravated felony as
crime of violence with sentence imposed of one year or more
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

jurisdiction: 
BIA

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

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