The list of aggravated felonies in section 101(a)(43) includes "an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more."  In a published decision, the Board of Immigration Appeals determined that the phrase, "punishable by imprisonment for a term of 5 years or more," refers to the maximum punishment that can be applied to the underlying offense, and not the actual sentence imposed for the underlying offense.

The full text of Matter of Adeniye can be found here: https://www.justice.gov/sites/default/files/pages/attachments/2016/03/17/3859.pdf

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