Book updates to AF (Aggravated Felonies)

CONCEALMENT OF MERCHANDISE - RECEIVING STOLEN PROPERTY

Ramtulla v. Ashcroft,
301 F.3d 202 (4th Cir. Aug. 22, 2002) (Virginia conviction
of concealment of merchandise, in violation of Va.Code Ann.
§ 18.2-103, constitutes a "theft offense" and with
a two-year suspended sentence therefore constitutes an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G)
for deportation purposes).

jurisdiction: 
Fourth Circuit

TRANSPORTATION OF STOLEN PROPERTY - FRAUD OFFENSE

Omari v. Gonzales, 419
F.3d 303 (5th Cir. July 25, 2005) (federal conviction of interstate
transportation of stolen, converted, and fraudulently obtained
property, in violation of 18 U.S.C. § 2314, is not an aggravated
felony under INA § 101(a)(43)(M)(i) for immigration purposes,
as not all parts of 18 U.S.C. § 2314 necessarily involve fraud
or deceit).

jurisdiction: 
Fifth Circuit

AUTO - RECEIVING STOLEN PROPERTY

United States v. Vasquez-Flores,
265 F.3d 1122 (10th Cir. Sept. 13, 2001), cert. denied, 122
S.Ct. 1180 (2002) (Utah conviction for attempting to knowingly
receive or transfer a stolen motor vehicle, in violation of
U.C.A. 1953 § 41-1a-1316, was an "aggravated felony"
under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) for enhancement
purposes under U.S.S.G. § 2L1.2(b)(2) of an illegal re-entry
sentence).

jurisdiction: 
Tenth Circuit

ATTEMPTED THEFT - THEFT OFFENSE

Vieira-Garcia v. INS, 239 F.3d 409 (1st
Cir. Feb. 21, 2001) (Rhode Island conviction of attempted
theft and sentence to term of ten years imprisonment constituted
an aggravated felony under INA § 101(a)(43)(G), 8 U.S.C.
1101(a)(43)(G), triggering deportation).

jurisdiction: 
First Circuit

LARCENY - THEFT OFFENSE

Abimbola v. Ashcroft, 378 F.3d 173 (2d Cir.
Aug. 5, 2004) (Connecticut conviction of third-degree larceny,
under Conn. Gen. Stat. § 53a-124, constitutes an aggravated
felony theft offense under INA § 101(a)(43)(G), 8 U.S.C.
1101(a)(43)(G)).

jurisdiction: 
Second Circuit

PETTY THEFT - THEFT OFFENSE

United States v. Pacheco, 225 F.3d 148
(2d Cir. Aug. 29, 2000), cert. denied, 533 U.S. 904 (2001)
(Rhode Island misdemeanor petty theft conviction, for which
suspended sentence of one year was imposed, constituted an
aggravated felony, under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
warranting 16-level enhancement of illegal re-entry sentence).

jurisdiction: 
Second Circuit

PETTY THEFT - THEFT OFFENSE

Jaafar v. INS, 77 F.Supp.2d 360 (W.D.N.Y.
Nov. 12, 1999) (New York petit larceny conviction, in violation
of N.Y. Penal L. § 155.25, a class A misdemeanor with a sentence
to one year of imprisonment, was an "aggravated felony"
under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) for removal
purposes).

jurisdiction: 
Lower Courts of Second Circuit

THEFT BY DECEPTION - FRAUD OFFENSE

Nugent v. Ashcroft, 367 F.3d
162 (3d Cir. May 7, 2004) (Pennsylvania conviction of theft
by deception, in violation of 18 Pa. Cons. Stat. Ann. § 3922(a),
with an indeterminate sentence from a minimum of six months
to a maximum of 23 months, does not trigger removal as an
aggravated felony fraud conviction under INA § 101(a)(43)(M)(i),
8 U.S.C.

jurisdiction: 
Third Circuit

RESIDENTIAL BURGLARY - CRIME OF VIOLENCE

United States v. Wenner, 351
F.3d 969 (9th Cir. Dec. 12, 2003) (Washington conviction of
residential burglary, in violation of Wash. Rev. Code § 9A.52.025(1),
is not a "burglary of a dwelling" crime of violence
as defined by U.S.S.G. § 4B1.2(a)(2), since the statute classifies
railway cars, fenced areas, and cargo containers as dwellings
although they are not structures under Taylor v. United States,
495 U.S.

jurisdiction: 
Ninth Circuit

BURGLARY

United States v. Velasco-Medina, 305 F.3d 839 (9th Cir. Aug.
12, 2002) (California conviction of second-degree burglary,
in violation of California Penal Code § 459, was an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
for purposes of imposition of a sixteen-level sentencing enhancement
under U.S.S.G.

jurisdiction: 
Ninth Circuit

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