List of Aggravated Felonies

Every offense should be suspiciously examined until it is determined that it is not an aggravated felony. While some offenses oi~ly become aggravated felonies by virtue of a sentence imposed of a year or more, others are regardless of sentence. Outside of some drug offenses, even misdemeanor offenses can be held to be aggravated felonies.

The following is a list of the offenses referenced in 8 USC § I 101(a)(43):

alien smuggling- smuggling, harboring, or transporting of aliens except for a first offense in which the person smuggled was the parent, spouse or child.

attempt to commit an aggravated felony

bribery of a witness- if the term of imprisonment is at least one year.

burglary- if the term of imprisonment is at least one year.

child pornography-

commercial bribery- if the term of imprisonment is at least one year.

conspiracy to commit an aggravated felony

counterfeiting- if the term of imprison hent is at least one year.

crime of violence as defined under 18 USC 16 resulting in a term of at least one year imprisonment, if it was not a “purely political offense.”

destructive devices- trafficking in destructive devices such as bombs or grenades.


drug offenses- any offense generally considered to be “drug trafficking,” plus cited federal drug offenses and analogous felony state offenses.

failure to appear- to serve a sentence if the underlying offense is punishable by a term of 5 years, or to face charges if the underlying sentence is punishable by 2 years.

false documents- using or creating fal documents, if the term of imprisonment is at least twelve months, except for the first offense which was committed for the purpose of aiding the person’s spouse, child or parent.

firearms- trafficking in firearms, plus several federal crimes relating tofirearms and state analogues.

forgery- if the term of imprisonment is1.at least one year.

fraud or deceit offense if the loss to the victim exceeds $10,000.

illegal re-entry after deportation or rethoval for conviction of an aggravated felony

money laundering- money laundering and monetary transactions from illegally derived funds if the amount of funds exceeds $10,000, and offenses such as fraud and tax evasion if the amount exceeds $10,000.

murder

national defense- offenses relating to the national defense, such as gathering or transmitting national defense information or disclosure of classified information.

obstruction of justice if the term of imprisonment is at least one year.

perjury or subornation of perjury- if the term of imprisonment is at least one year.

prostitution- offenses such as running a prostitution business.

ransom demand- offense relating tothe demand for or receipt of ransom.

rape

receipt of stolen property if the term of imprisonment is at least one year

revealing identity of undercover agent

RICO offenses- if the offense is punishable with a one-year sentence.

sabotage

sexual abuse of a minor

slavery- offenses relating to peonage, slavery and involuntary servitude.

tax evasion if the loss to the government exceeds $10,000

theft- if the term of imprisonment is at least one year.

trafficking in vehicles with altered identification numbers if the term of

imprisonment is at least one year.

treason- federal offenses relating to national defense, treason