Aggravated Felonies

1fingerprintsA lawful permanent resident or any foreigner is subject to deportation or removal if convicted of an aggravated felony at any time after admission into the United States.  In immigration law, the term “aggravated felony” applies to offenses in violation of state and federal laws.  Classification of a conviction as a misdemeanor under state law does not automatically exclude it from consideration as an aggravated felony if the crime is punishable as a felony under federal law.  Foreign convictions are considered to be aggravated felonies if the term of imprisonment was completed within fifteen (15) years.  The definition of certain aggravated felonies depends on the length of the sentence and the dollar amount for certain offenses such as crimes of violence, theft or fraud.  Under immigration law, aggravated felonies include:

  1. murder, rape and sexual abuse of a minor;
  2. illicit trafficking in a controlled substance;
  3. illicit trafficking in firearms or destructive devices or in explosive devices;
  4. certain offenses related to laundering of monetary instruments or money derived from unlawful activities in excess of $10,000;
  5. offenses relating to explosive materials or firearms;
  6. crimes of violence for which the term of imprisonment is at least one year;
  7. theft offenses, including receipt of stolen goods or burglary if the term of imprisonment is at least one year;
  8. ransom offenses;
  9. child pornography;
  10. RICO claims or gambling offenses, if the term of imprisonment is at least one year;
  11. offenses related to prostitution business;
  12. treason, sabotage or national security offenses;
  13. fraud or deceit offenses in which the loss to the victim exceeds $10,000;
  14. certain offenses related to alien smuggling (with some exceptions if it is a first offense related to smuggling of family members);
  15. illegal reentry if the person was previously deported on the basis of an aggravated felony conviction;
  16. offense of falsely making, forging or altering a passport or instrument relating to document fraud for which the term of imprisonment is at least one year (except for first time offenders under certain circumstances);
  17. offense for failure to appear for sentencing if the underlying offense is punishable by a term of five years in prison;
  18. commercial bribery, counterfeiting, trafficking in vehicles for which the term of imprisonment is at least one year;
  19. obstruction of justice, perjury or bribery of a witness for which the term of imprisonment is at least one year;
  20. offense for failure to appear pursuant to a court order to answer or dispose of, a charge of a felony for which a sentence of two years’ imprisonment or more may be imposed; and
  21. attempt or conspiracy to commit any of the above offenses.