Book updates to AF (Aggravated Felonies)

ROBBERY - ATTEMPT

United States v. Fernandez-Antonia, 278 F.3d 150
(2d Cir. Jan. 29, 2002) (New York conviction for attempted
robbery in the third degree, in violation of N.Y. Penal Law
§ 110.00, met the definition of "aggravated felony"
under INA § 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), for
purposes of illegal re-entry sentence enhancement under U.S.S.G.

jurisdiction: 
Second Circuit

ROBBERY - CRIME OF VIOLENCE

United States v. Valladares, 304 F.3d
1300 (8th Cir. Sept. 26, 2002) (California conviction for
second-degree robbery under Penal Code § 211 constituted an
aggravated felony within meaning of version of Sentencing
Guidelines in effect at time of defendants current offense,
so that application of amended guideline, which provided for
the same increase, did not violate the Ex Post Facto clause).

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

VEHICULAR MANSLAUGHTER - CRIME OF VIOLENCE

Lara-Cazares v. Gonzales,
408 F.3d 1217 (9th Cir. May 23, 2005) (California conviction
of gross vehicular manslaughter while intoxicated, in violation
of Penal Code § 191.5(a), which can be committed by gross
negligence, does not qualify as a crime of violence within
the meaning of 18 U.S.C. § 16, and so does not constitute
a crime of violence aggravated felony under INA § 101(a)(43)(F),
8 U.S.C.

jurisdiction: 
Ninth Circuit

VOLUNTARY MANSLAUGHTER - CRIME OF VIOLENCE

United States v. Bonilla-Montenegro,
331 F.3d 1047 (9th Cir. June 9, 2003) (California conviction
of voluntary manslaughter, in violation of Penal Code § 192(a),
held to be a "crime of violence" aggravated felony,
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
purposes of enhancing illegal re-entry sentence under U.S.S.G.

jurisdiction: 
Ninth Circuit

INVOLUNTARY MANSLAUGHTER - CRIME OF VIOLENCE

Park v. INS, 252 F.3d 1018
(9th Cir. June 5, 2001) (California conviction for violation
of California Penal Code § 192(b), involuntary manslaughter,
constitutes an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F)).

jurisdiction: 
Ninth Circuit

MANSLAUGHTER - CRIME OF VIOLENCE

Matter of Vargas-Sarmiento, 23 I. &
N. Dec. 651 (BIA Feb. 5, 2004) (New York conviction of first-degree
manslaughter, in violation of Penal Law § 125.20(1) and (2),
constitutes a crime of violence and therefore an aggravated
felony for immigration purposes, under INA § 101(a)(43)(F),
8 U.S.C.

jurisdiction: 
BIA

MANSLAUGHTER - CRIME OF VIOLENCE

Matter of Jean, 23 I. & N. Dec. 373
(AG May 2, 2002) (New York conviction of second-degree manslaughter,
under N.Y. Penal Law § 125.15(1), may constitute a "crime
of violence" and therefore an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

jurisdiction: 
Other

FALSE IMPRISONMENT - CRIME OF VIOLENCE

United States v. Hernandez-Hernandez,
374 F.3d 808 (9th Cir.

jurisdiction: 
Ninth Circuit

FALSE IMPRISONMENT - CRIME OF VIOLENCE

Brooks v. Ashcroft, 283 F.3d
1268, 1273 n.5 (11th Cir. Mar. 1, 2002) (Florida conviction
of false imprisonment under Fla. Stat. § 787.02 is a crime
of violence under 18 U.S.C. § 16, and thus an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
purposes of deportation).

jurisdiction: 
Eleventh Circuit

Archives

Sep 2010

Categories

Tags