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Deportation
Grounds Checklist
This
is a complete list of all grounds of deportation, prepared on
October 22, 2001.
Aggravated
Felony -- Category Case Index.
All reported cases
of the BIA and all federal courts holding that a particular
conviction does or does not fall within a particular aggravated
felony category have been summarized and indexed alphabetically.
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 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. Therefore, looking under
"C" for "Crime of Violence" will produce
all decisions construing that phrase.
For categories
containing many entries, the case summaries are organized according
to the court of decision, in the following order:
Board of Immigration
Appeals
First Circuit
Second Circuit, and so forth, and
District Court.
Within the group
of decisions of a particular court, the decisions are given
in reverse chronological order (most recent first).
Aggravated
Felony Crime Case Index.
All reported cases
of the BIA and all federal courts holding that a particular
conviction does or does not fall within a particular aggravated
felony category have been summarized and indexed alphabetically
according to the name of the crime.
Crime Case Index. Each decision concerning whether a specific
criminal conviction constitutes an aggravated felony under a
certain category has been labelled according to the common name
of the criminal conviction involved. Examples of the labels
given to criminal convictions are "Murder," "Burglary
of Vehicle," and "Possession of Cocaine." Some
of these labels are the same as certain aggravated felony "categories,"
indexed in the Category Case Index. This is a coincidence: remember
that the labels contained in the Crime Case Index refer to the
nature of the criminal conviction involved in the case, rather
than the possibly similar label given to the aggravated felony
category to which it is being compared.
The Crime Case
Index takes all decisions of all courts defining whether a given
criminal conviction is, or is not, an aggravated felony, and
organizes them according to the common name of the specific
crime of conviction. These crime labels are organized in alphabetical
order. Therefore, looking under "C" for "Conspiracy"
will produce all decisions considering whether a conspiracy
conviction constitutes an aggravated felony under any category.
Cross-references
are included to assist in locating the pertinent case summary.
Further, it is possible
that some portion of a given statute may meet the aggravated
felony definition, and other portions will not. This is what
is considered a "divisible statute." If some of the
sub-offenses or different means listed within the same statute
would be aggravated felonies, but some would not, the court
will look to the "record of conviction" to determine
which part of the statute (and therefore which minimum elements)
constitute the defendant's conviction. If the record of conviction
does not establish that the defendant was convicted of an aggravated
felony, the conviction should not trigger removal on this ground.
It is therefore sometimes possible to arrange a guilty plea
to a portion of a divisible statute and thereby avoid aggravated
felony status.
Aggravated
Felony Convictions - Chapter 6, Criminal Defense of Immigrants
(2003)
This Chapter, "Aggravated
Felony Convictions," is Chapter 6 in N. Tooby & K. Brady, Criminal
Defense of Immigrants (National Edition, 2003). It consists
of 1300 pages describing (a) how to analyze a conviction to
tell if it is an aggravated felony, (b) a crime by crime description
of the aggravated felony categories, and (c) the adverse immigration
consequences triggered by one aggravated felony conviction.
Crimes
of Moral Turpitude Table
This file contains
case capsule summaries of decisions of the Board of Immigration
Appeals, and all federal courts, that state what offenses are
and are not crimes of moral turpitude. All BIA cases from 1
I. & N. Dec. 1 to the present are included. All reported federal
cases decided by the U.S. Supreme Court Circuit Courts of Appeal,
and district courts from 1940 to the present are included. The
vast majority of the indexed decisions are cases in which the
phrase "moral turpitude" was interpreted for immigration purposes;
the table also includes a handful of federal court decisions
interpreting "moral turpitude" for witness impeachment purposes,
for whatever persuasive value they may have. These cases are
signaled by an asterisk. About 2000 decisions were reviewed
for possible inclusion in this table.
The case summaries
are organized alphabetically by a brief verbal definition of
the crime involved in the case.
A determination
as to the presence or absence of moral turpitude is based on
the crime as defined by the statute and the record of conviction
at the time of the decision. Consequently, the cases collected
below should be used as the starting point rather than as a
substitute for legal research.
Cases designated
as "Table" cases are unpublished cases which ordinarily
may not be cited to the rendering court.
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