Is Sexual Abuse of a minor an Aggravated Felony?
Matter of SILVA-TREVINO, 26 I&N Dec. 826 (BIA 2016) (1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction…
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Aggravated Felonies
Mens Rea needed for aggravated felony
The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76‑10‑508.1 of the Utah Code was not shown to…
Aggravated felony
The Second Circuit denied the petition for review, holding that even though the New York law under which the petitioner was convicted for possession of…
SNAP Fraud is an aggravated felony
The Eighth Circuit upheld the Board of Immigration Appeals’ conclusion that the petitioner’s conviction for the unauthorized use of Supplemental Nutrition Assistance Program (SNAP) benefits…
Got a theft offense. Think your an aggravated felon? Think again.
The Ninth Circuit granted the petition for review and remanded, finding that a conviction under California’s theft statute is categorically not a theft offense, and…
Court Holds Virginia Unauthorized Use of a Motor Vehicle Is Not an Aggravated Felony
The Fourth Circuit granted the petition for review and vacated the removal order, holding that Va. Code § 18.2-102, which criminalizes the unauthorized use of…
The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies
The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and…
New York Penal Law §263.05
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it…