Book updates to AF (Aggravated Felonies)

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

ATTEMPTING TO ELUDE POLICE VEHICLE - CRIME OF VIOLENCE

United States
v. Kelly, 422 F.3d 889 (9th Cir. Sept. 6, 2005) (Washington
conviction for attempting to elude a police vehicle, in violation
of R.C.W. § 46.61.024, is not a "crime of violence"
for sentencing purposes).

jurisdiction: 
Ninth Circuit

EVADING AN OFFICER - CRIME OF VIOLENCE

Penuliar v. Ashcroft, 395 F.3d
1037 (9th Cir. Jan. 12, 2005) (California conviction of evading
an officer, in violation of Vehicle Code § 2800.2(a), was
not a crime of violence, within the meaning of INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), because the statute and charge
were both overbroad with respect to the aggravated felony
definition of a crime of violence by encompassing merely negligent
conduct).

jurisdiction: 
Third Circuit

FIREARM USE - EVADING AN OFFICER - CRIME OF VIOLENCE

Reyes-Alcaraz
v. Ashcroft, 363 F.3d 937 (9th Cir. Apr. 8, 2004) (California
conviction of exhibiting a deadly weapon with intent to resist
arrest, in violation of California Penal Code § 417.8, is
a crime of violence and thus an "aggravated felony"
under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Ninth Circuit

FLIGHT FROM OFFICER - CRIME OF VIOLENCE

United States v. Campos-Fuerte,
357 F.3d 956 (9th Cir. Feb. 4, 2004) (California conviction
of fleeing from an officer by driving a vehicle in a willful
or wanton manner, in violation of California Vehicle Code
§ 2800.2, constitutes a crime of violence under 18 U.S.C.
§ 16(b), and is therefore an aggravated felony under INA §
101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of
enhancing an illegal re-entry sentence).

jurisdiction: 
Ninth Circuit

CONSPIRACY TO COMMIT BANK FRAUD - FRAUD OFFENSE

Bejacmar v. Ashcroft,
291 F.3d 735 (11th Cir. May 14, 2002) (conspiracy to commit
bank fraud, a violation of 18 U.S.C. § 371, constituted an
aggravated felony under INA § 101(a)(43)(M)(i), 8 U.S.C. §
1101(a)(43)(M)(i), since the loss exceeded $10,000).

jurisdiction: 
Eleventh Circuit

MISAPPLICATION OF BANK FUNDS - FRAUD OFFENSE

Moore v. Ashcroft, 251 F.3d
919 (11th Cir. May 14, 2001) (federal conviction of misapplication
of bank funds, in violation of 18 U.S.C. § 656, constituted
aggravated felony under INA § 101(a)(43)(M)(i), 8 U.S.C. §
1101(a)(43)(M)(i) for removal purposes, since it necessarily
involves fraud or deceit and loss exceeded $10,000).

jurisdiction: 
Eleventh Circuit

ALIEN SMUGGLING

Matter of LS, 22 I. & N. Dec. 645 (BIA Apr.
16, 1999) (federal conviction of bringing illegal aliens into
the United States, in violation of INA § 274(a), 8 U.S.C.
§ 1324(a), is an aggravated felony under INA 101(a)(43)(N),
8 U.S.C. § 1101(a)(43)(N) for deportation purposes).

jurisdiction: 
BIA

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