Sulaiman v. Attorney General, Immigration
and Naturalization Service, 212 F.Supp.2d 413 (E.D.Pa. July
30, 2002) (federal conviction of bank fraud, in violation
of 18 U.S.C. § 1344, held to be an aggravated felony fraud
offense with loss to victim(s) in excess of $10,000, under
INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i), for
the immigration purpose of denying asylum).
Sharma v. Ashcroft, 158 F.Supp.2d 519,
521 (E.D.Pa. May 25, 2001) (federal conviction of bank fraud,
in violation of 18 U.S.C. § 1344, constitutes an "aggravated
felony" as defined by 8 U.S .C. § 1101(a)(43)(M)(i) for
immigration purposes).
United States v. Ogembe, 41 F.Supp.2d 567
(E.D.Pa. Mar. 3, 1999) (federal conviction of conspiracy to
commit bank fraud in violation of 18 U.S.C. § 371 constitutes
an aggravated felony as an offense that "involves fraud
or deceit in which the loss to the victim or victims exceeds
$10,000" under INA §§ 101(a)(43)(M)(i), (U), 8 U.S.C.
§§ 1101(a)(43)(M)(i), (U), regardless of sentence).
United States v. Garcia, 400
F.3d 816 (9th Cir. Mar. 11, 2005) (federal conviction of aiding
and abetting is not a separate offense from the substantive
offenses of alien smuggling and transportation of aliens,
but rather a different theory of liability for the same offense).
Castro-Espinosa v. Ashcroft, 257 F.3d 1130 (9th
Cir. July 17, 2001) (federal conviction of harboring illegal
aliens in violation of INA 274(a)(1)(A)(iii), 8 U.S.C. § 1324(a)(1)(A)(iii)
is an "aggravated felony," under INA § 101(a)(43)(N),
8 U.S.C. § 1101(a)(43)(N), for removal purposes).
United States v. Galindo-Gallegos, 244 F.3d
728 (9th Cir. Mar. 27, 2001), amended, 255 F.3d 1154 (9th
Cir. July 12, 2001) (federal conviction of transporting illegal
aliens who were already in United States, in violation of
INA § 274(a)(1)(A)(ii), 8 U.S.C. 1324(a)(1)(A)(ii), constituted
an aggravated felony under INA § 101(a)(43)(N), 8 U.S.C.
1101(a)(43)(N), for purposes of enhancing sentence for illegal
re-entry).
United States v. Martinez-Candejas, 347 F.3d
853 (10th Cir. Oct. 21, 2003) (federal conviction of alien
smuggling includes transportation and harboring for purposes
of 16-level enhancement of illegal re-entry sentence under
U.S.S.G. § 2L1.2(b)(1)(A)(vii) (2002) based on prior aggravated
felony conviction).
United States v. Salas-Mendoza, 237 F.3d 1246
(10th Cir. Jan. 22, 2001) (federal conviction of transporting
aliens, in violation of INA § 274(a)(1)(A), 8 U.S.C. 1324(a)(1)(A),
was an "aggravated felony" under INA § 101(a)(43)(N),
8 U.S.C. § 1101(a)(43)(N), for purposes of sentence enhancement
under U.S.S.G. § 2L1.2(b)(1)(A) of illegal re-entry sentence).
Matter of Alvarado-Alvino, 22 I. & N. Dec. 718
(BIA May 24, 1999) (federal conviction of illegal entry, in
violation of INA § 275(a), 8 U.S.C. 1325, is not an aggravated
felony under INA § 101(a)(43)(N), 8 U.S.C. 1101(a)(43)(N),
which specifically refers to those offenses relating to alien
smuggling described in INA § 274(a)(1)(A) and (2), 8 U.S.C.
§ 1324(a)(1)(A) and (2)).
Matter of SS, 21 I. & N. Dec. 900
(BIA May 6, 1997) (Iowa conviction for terrorism under section
708.6 of the Iowa Code is a felony involving a substantial
risk that physical force may be used against the victim, and
therefore constitutes a "crime of violence" as defined
in 18 U.S.C. § 16(b), and therefore an aggravated felony within
the meaning of INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).