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Aggravated Felonies Your Dream is My Dream

Aggravated Felonies in Tampa, FL

These crimes pertain to convictions under federal and state law that lead to severe consequences to any immigrant. The definition of aggravated felonies is found in INA §101(a)(43). The following crimes are included in the definition:

Aggravated Felonies of Murder, Rape, or sexual abuse of a minor under INA §101(a)(43)(A)

The Board of immigration appeals has defined this crime broadly. It includes the employment, use, persuasion, inducement, incitement, or coercion of a child to engage in sexual acts. Matter of Rodriguez-Rodriguez, 22 I&N Dec. 991 (BIA 1999). The Supreme Court in 2017 in Esquivel-Quintana v. Sessions, 137 S.Ct. 1562 (2017) ruled that to be classified as a minor, the child should be under 16.

Aggravated Felonies of Illicit Trafficking in controlled substances under  INA §101(a)(43)(B)

This statute has two crimes. First, illicit trafficking is not defined. Second, drug trafficking, which is a felony crime under federal law and requires remuneration for some sort of commercial dealing. The substance must be a controlled substance under federal law. A state’s controlled substance schedule must also not list controlled substances not regulated federally. In drug trafficking cases, the statute must also require remuneration for it to be an aggravated felony.

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Aggravated Felonies of Theft, Burglary, or Receipt of Stolen Property under INA §101(a)(43)(G)

These crimes include theft, including the receipt of stolen property, or burglary in which the sentence imposed was one year or more. Burglary is the breaking and entering into a dwelling with the intent to commit a crime within. Taylor v. U.S., 495 U.S. 575, 598-99 (1990). Theft offenses include any offenses that include taking with the intent of depriving the owner of ownership. Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2017).

Aggravated Felonies of Fraud/Deceit; Tax Evasion under INA §101(a)(43)(M)(i) and INA §101(a)(43)(M)(ii)

Offenses under INA 101(a)(43)(M)(i) include offenses against private parties where the loss was more than $10,000. INA 101(a)(43)(M)(ii) offenses include offenses where the loss to the government was over $10,000. The government must show the amount of loss by clear and convincing evidence and is not limited to the categorical and non-categorical approaches.

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