§ A.1 Introduction

     Category Defined. This volume uses the phrase "Aggravated Felony Category," or simply "Category," to describe the theory or phrase, in the aggravated felony statute, under which a given criminal conviction may or may not constitute an aggravated felony. Examples of categories are "Murder," "Crime of Violence," and "Theft Offense."

     The Category Case Index takes all published decisions of all courts defining what is, and is not, an aggravated felony, and organizes them according to the category they might or might not fall within. These categories are organized in alphabetical order, in the same manner as Chapter 5, supra. Therefore, looking under "C" for "Crime of Violence" will produce all decisions construing that phrase. Some categories are empty, simply because there are not yet any published decisions that relate to that category.

     This index is organized first by category, then by jurisdiction, and finally in reverse chronological order. Remember that unless the United States Supreme Court, or the circuit in which the immigration case arises (i.e., where the noncitizen is placed in removal proceedings) has ruled on an issue, the BIA decisions regarding that issue are controlling.

     This index includes circuit and district court decisions arising in both the immigration context, and cases determining whether a conviction is an aggravated felony for purposes of sentencing noncitizens convicted for illegal re-entry. Some additional cases, such as those defining "crime of violence" for sentencing purposes, are also included, even though the statute or Guidelines language involved may be somewhat different than the strict aggravated felony definition, for what they are worth.

     This index also includes cases that consider whether certain non-substantive offenses that are not listed under INA § 101(a)(43)(U) (e.g., aiding and abetting and solicitation), can be considered aggravated felony offenses.

     The Capsule Summaries include the following information: citation, exact date (month, day, and year) of the decision, and a parenthetical identifying the jurisdiction and statute of conviction (if reflected in the decision), the aggravated felony category under consideration, the final holding (is or is not an aggravated felony), and the purpose for which the court conducted the inquiry (e.g., removal purposes, sentence enhancement of illegal re-entry sentence, etc.). On occasion, relevant case history, and some of the court's reasoning, is also included.

     Warning. Caution is urged in generalizing from a decision cited here to the particular client's case you may have under consideration. The result may differ for a number of reasons. The elements of the offense, as defined by the statute, may differ between the two cases, even though they involve the same type of crime. Each individual statute must be examined. Even if the statute is identical, it may have been amended between the two convictions, or judicial decisions of the jurisdiction of conviction may have altered the elements required for conviction of the offense in the interim. The law governing the rules to be applied in determining whether a given conviction triggers certain immigration consequences may have changed between the dates of the two convictions. The courts may have altered the rules for determining whether a conviction involves an aggravated felony. The record of conviction in one case may be different from the record in another. The judicial decision may be interpreting "aggravated felony" under a legal provision with a different aggravated felony from the context in which the particular client's case arises. Therefore, the cases collected here should be used as the starting point rather than as a substitute for legal research and analysis.