crImmigration
practical analysis of key cases about the immigration consequences of criminal violations
crImmigration.com: Category Archive for aggravated felony

BIA: Burden to show possession with intent to distribute isn’t aggravated felony is on respondent; says categorical approach inapplicable

Posted by Cesar at 5/17/2012 4:00 AM | View Comments (1) | Add Comment

Ohio App Ct: Padilla claim merits hearing

Posted by Cesar at 5/10/2012 4:00 AM | Add Comment

BIA: Look at elements of offense to determine if statute is divisible

Posted by Cesar at 4/26/2012 4:00 AM | Add Comment

Supreme Court to revisit “aggravated felony” provision: Is a crime that might be a federal misdemeanor a drug trafficking offense?

Posted by Cesar at 4/2/2012 2:51 PM | Add Comment

6 Cir: In ineffective assistance claim, no prejudice where evidence of guilt is strong; avoids deciding Padilla retroactivity

Posted by Cesar at 3/22/2012 4:00 AM | Add Comment

SCOTUS: Fed false tax return crimes are fraud or deceit aggravated felonies

Posted by Cesar at 2/23/2012 4:00 AM | Add Comment

10 Cir: Col menacing is crime of violence type of aggravated felony

Posted by Cesar at 2/14/2012 4:00 AM | Add Comment

BIA: RI solicitation to commit assault is crime of violence

Posted by Cesar at 1/12/2012 4:00 AM | Add Comment

3 Cir: Probable cause needed to consider returning LPR as seeking admission; aiding & abetting wire fraud is aggravated felony

Posted by Cesar at 11/29/2011 8:19 AM | Add Comment

BIA: NY attempted arson is aggravated felony

Posted by Cesar at 11/10/2011 4:00 AM | Add Comment

US Dist Ct: OR statutory rape not sexual abuse of minor aggravated felony

Posted by Cesar at 10/6/2011 4:05 AM | View Comments (1) | Add Comment

7th Cir: Fed importing prostitutes offense isn’t categorically aggravated felony

Posted by Cesar at 9/20/2011 4:00 AM | Add Comment

BIA: Cal assault with intent to commit felony is crime of violence aggravated felony

Posted by Cesar at 8/23/2011 4:00 AM | Add Comment

SCOTUS: Vehicle flight is violent felony under ACCA

Posted by Cesar at 6/14/2011 4:00 AM | View Comments (1) | Add Comment

SCOTUS to hear fraud/deceit aggravated felony case

Posted by Cesar at 5/23/2011 10:29 AM | Add Comment

11th Cir: Fed extortionate extension of credit isn’t categorically crime of violence; might be under modified categorical approach

Posted by Cesar at 5/6/2011 4:16 AM | Add Comment

9th Cir: Post-departure bar doesn’t preclude motion to reopen filed after removal; aggravated felony doesn’t apply to pre-Nov. 1988 convictions

Posted by Cesar at 4/13/2011 5:45 AM | Add Comment

3d Cir: Adopts BIA’s interpretation of sexual abuse of a minor, finds NJ aggravated sexual criminal sexual contact is sexual abuse of minor, and statute of limitations doesn’t apply to removal proceedings

Posted by Cesar at 9/13/2010 5:24 AM | Add Comment

5th Cir: NY sale of controlled substance is not drug trafficking type of aggravated felony

Posted by Cesar at 6/23/2010 5:34 AM | Add Comment

SCOTUS: Second simple drug possession offense is not aggravated felony unless prosecuted as recidivist offense

Posted by Cesar at 6/17/2010 5:00 AM | Add Comment

BIA: Conspiracy category of aggravated felony does not require overt act

Posted by Cesar at 4/28/2010 5:00 AM | Add Comment

SCOTUS argument today: Is recidivist drug possession always an aggravated felony?

Posted by administrator at 3/31/2010 9:38 AM | Add Comment

BIA: Jail time imposed after probation violation counts as original sentence; willful infliction of corporal injury of spouse is crime of violence

Posted by administrator at 3/23/2010 5:00 AM | Add Comment

SCOTUS: “Physical force” defined as violent force in statute identical to “crime of violence” definition; affirms Leocal’s definition of COV aggravated felony

Posted by administrator at 3/4/2010 5:11 AM | Add Comment

Article: SCOTUS should overturn 5th Cir Carachuri-Rosendo conclusion that two possession convictions equals aggravated felony

Posted by administrator at 2/12/2010 5:00 AM | Add Comment

9th Circuit: California unlawful sexual intercourse with a minor is not sexual abuse of a minor aggravated felony

Posted by administrator at 12/18/2009 6:17 AM | Add Comment

Supreme Court to decide if multiple drug possession convictions are aggravated felony

Posted by administrator at 12/14/2009 4:44 PM | Add Comment

BIA: NY criminal facilitation is not illicit drug trafficking aggravated felony

Posted by administrator at 11/10/2009 9:35 AM | Add Comment

IJ: Texas evading arrest by vehicle is not crime of violence aggravated felony

Posted by administrator at 10/12/2009 4:00 AM | View Comments (2) | Add Comment

9th Circuit: CA assault with deadly weapon is crime of violence

Posted by administrator at 9/24/2009 4:00 AM | Add Comment

9th Circuit: California conviction for receipt of stolen property is aggravated felony

Posted by administrator at 9/16/2009 8:03 AM | Add Comment

6th Circuit: In determining whether to apply pre-1996 or post-1996 definition of aggravated felony, removal proceedings begin when non-citizen is served with NTA, not when NTA filed with court

Posted by administrator at 9/9/2009 10:09 AM | Add Comment

6th Circuit: Ohio sexual battery conviction is not crime of violence; PSR facts can't be used in COV analysis

Posted by administrator at 9/4/2009 10:30 AM | View Comments (2) | Add Comment

9th Circuit: CA solicitation to commit rape by force and solicitation to commit assault by means of force likely to produce great bodily injury are crimes of violence aggravated felonies

Posted by administrator at 9/1/2009 11:27 AM | Add Comment

IJ: Possession of drug paraphernalia conviction can't be used for drug-related aggravated felony category

Posted by administrator at 8/28/2009 8:02 AM | View Comments (1) | Add Comment
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