Book updates to AF (Aggravated Felonies)

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

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

ESCAPE FROM HALFWAY HOUSE NOT CRIME OF VIOLENCE FOR FEDERAL ARMED CAREER OFFENDER ENHANCEMENT PURPOSES - CRIME OF VIOLENCE

United
States v. Piccolo, 441 F.3d 1084 (9th Cir. Apr. 3, 2006) (Escape
conviction under 18 U.S.C. § 751(a), which includes failure
to return to a non-secured halfway house, is not necessarily
a crime of violence for federal armed career offender sentencing
purposes).

jurisdiction: 
Ninth 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

Archives

Sep 2010

Categories

Tags