BIA Overrules Precedent, Holds Aggravated Felons Are Inadmissible as

The Board of Immigration Appeals has dismissed the appeal of a Nicaraguan woman convicted of federal identity theft and access-device fraud offenses, holding for the first time that any noncitizen with an aggravated felony conviction is inadmissible as a person "permanently ineligible to citizenship," since an aggravated felony conviction forever bars the good moral character required for naturalization.

The Board expressly overruled its decades-old precedent in Matter of Kanga, which had limited that inadmissibility ground to military draft evaders, holding that decision failed to apply the plain, forward-looking text of the INA's definition of "ineligible to citizenship." Because this represents a significant and reasonably unanticipated change in the law, the Board applied its new holding only prospectively, to aggravated felony convictions entered after the date of the decision, and on the merits affirmed the denial of a § 212(h) waiver, adjustment of status, and CAT protection to the respondent based on her extensive fraud-related criminal history.

The full text of Matter of A-V-O- can be found here: https://www.justice.gov/eoir/media/1461651/dl?inline

Eleventh Circuit Holds Florida Robbery by Sudden Snatching Is a Categorical Theft Offense

The Eleventh Circuit has denied a petition for review filed by a Trinidadian lawful permanent resident found ineligible for cancellation of removal based on a Florida robbery-by-sudden-snatching conviction, holding the offense categorically matches generic theft as an aggravated felony.

The Court held that generic theft requires only an intent to deprive someone with a superior possessory interest, not a title-owner, and that Florida's statute and standard jury instructions require exactly the same showing even where the direct victim is not the property's ultimate owner. The Court also held the statute's coverage of temporary as well as permanent deprivations does not create a mismatch, since generic theft likewise reaches less-than-permanent deprivations, and that the statute's requirement that the victim be unaware of or unwilling to permit the taking supplies the functional equivalent of a lack-of-consent element.

The full text of Ramdial v. U.S. Attorney General can be found here: https://media.ca11.uscourts.gov/opinions/pub/files/202510093.pdf

First Circuit Holds Witness-Tampering Conviction Is Not an Aggravated Felony Obstruction Offense

The First Circuit has granted a petition for review filed by a Liberian citizen and former Sierra Leonean child soldier found removable for a New Hampshire witness-retaliation conviction, holding that the offense does not qualify as an aggravated felony "relating to obstruction of justice" because it can be committed through pure revenge without any intent to interfere with a legal proceeding.

The Court held that the generic federal offense requires a specific intent to interfere with the legal process, consistent with the Supreme Court's reasoning in Pugin v. Garland, and that New Hampshire's highest court has upheld convictions under the statute based solely on a desire for personal payback. Because the least culpable conduct covered by the New Hampshire statute sweeps more broadly than the generic offense, the Court vacated the BIA's removability finding and did not reach the petitioner's separate challenge to the agency's reversal of his grant of CAT deferral.

The full text of Bangs v. Blanche can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1820P-01A.pdf

Fourth Circuit Holds Virginia Embezzlement Is Not Categorically a Crime of Fraud or Deceit

The Fourth Circuit has granted a petition for review filed by a Honduran lawful permanent resident found removable based on a Virginia embezzlement conviction that the agency classified as an aggravated felony involving fraud or deceit.

Applying the categorical approach, the Court held that Virginia's embezzlement statute does not require any fraudulent or deceitful conduct by its elements, since a person can embezzle openly, without concealment or misrepresentation. The Court rejected the government's reliance on prior dicta suggesting embezzlement generally involves dishonesty, explaining that Virginia's statute criminalizes only the wrongful taking of property already in the defendant's possession. The Court vacated the removal order and remanded to the agency.

The full text of Ramos v. Blanche can be found here: https://www.ca4.uscourts.gov/opinions/252037.P.pdf

Ninth Circuit finds CA Definition of Rape Matches Aggravated Felony Ground

The Ninth Circuit has recognized that California permits rape through non-physical duress - such as through threatening to release a sex tape - but has determined that the federal definition of rape also includes such non-physical duress.

The full text of United States v. Gonzalez can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/04/15/23-3532.pdf

Seventh Circuit Certifies Case Involving KY Receipt of Stolen Property Conviction to KY Supreme Court

The Seventh Circuit has certified the following question to the Kentucky Supreme Court: does Section 514.110 of Kentucky law (receipt of stolen property) requires something less than a subjective knowledge or belief that the property was stolen? More specifically, could a Kentucky jury convict a defendant under Section 514.110 merely by finding that a reasonable person would have known the property was stolen, even absent any evidence that the defendant deliberately avoided that knowledge? The answers to these questions will inform whether the conviction qualifies as an aggravated felony for immigration purposes.

The full text of Hassan v. Bondi can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D03-16/C:25-1049:J:Scudder:aut:T:op:N:3507655:S:0

Eleventh Circuit Finds that DC Conviction for Attempted First-Degree Sexual Abuse is not Rape Aggravated Felony

The Eleventh Circuit has determined that a District of Columbia conviction for attempted first-degree sexual abuse is not an attempted rape aggravated felony because it includes acts of digital penetration.

The full text of Barrie v. U.S. Attorney General can be found here: https://media.ca11.uscourts.gov/opinions/pub/files/202412504.pdf

Eighth Circuit Finds that North Dakota Robbery Conviction is Attempted Theft Aggravated Felony

The Eighth Circuit has determined that North Dakota’s robbery statute matches the definition of an attempted theft aggravated felony, rejecting the claim that the statute covers crimes of deceit.

The full text of Banyee v. Bondi can be found here: https://ecf.ca8.uscourts.gov/opndir/26/01/243590P.pdf

Fourth Circuit Construes Firearms Trafficking Aggravated Felony Ground

The Fourth Circuit has determined that the illicit trafficking in firearms aggravated felony ground requires “unlawful trading or dealing in firearms.”

The full text of Alvarez Ronquillo v. Bondi can be found here:

https://www.ca4.uscourts.gov/opinions/241324.p.pdf

Second Circuit Affirms that NY Second-Degree Sexual Abuse is Aggravated Felony

The Second Circuit has reaffirmed that a New York conviction for second-degree sexual abuse is a child sexual abuse aggravated felony.

The full text of Garcia Pinach v. Bondi can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/117ad671-34e9-4aaf-96ca-50888f6f73f9/42/doc/22-6421_opn

Third Circuit finds that Federal Conviction for False Statements Involves Deceit

The Third Circuit has determined that a federal conviction under 18 U.S.C. § 287 (false, fictitious or fraudulent claims) categorically involves deceit, and thus is an aggravated felony if it causes a loss to the U.S. government in excess of $10,000. “The action is submitting a false claim for the government to pay. The mental state requires lying because the claimant must know the claim is false. That is exactly what ‘deceit means: ‘the act of intentionally giving a false impression by ‘falsification, concealment, or cheating.’”

The full text of Lanoue v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/242583p.pdf

Fourth Circuit Finds that Federal Conviction for Inducing a Minor to Engage in Illegal Sexual Activity is Aggravated Felony and Crime of Child Abuse

The Fourth Circuit has determined that a federal conviction for inducing a minor to engage in illegal sexual activity is a sexual abuse of a minor aggravated felony and a crime of child abuse. In so holding, the court determined that “Esquivel-Quintana’s holding is narrow, applying only to a strict liability statute, and that it does not inform the broader question of whether an offense with a criminal mens rea constitutes sexual abuse of a minor.”

The full text of Hsieh v. Bondi can be found here: https://www.ca4.uscourts.gov/opinions/241013.P.pdf

Fourth Circuit Concludes that MA Conviction for Unarmed Assault with Intent to Rob or Steal is an Aggravated Felony

The Fourth Circuit has determined that a Massachusetts conviction for unarmed assault with intent to rob or steal is an attempted theft-related aggravated felony. The court rejected the argument that a conviction could be obtained when a defendant stole property with the victim’s fraudulently obtained consent. “The [jury] instruction states that the taking of property must be against the victim’s will for a defendant to be convicted of robbery. In other words, a person can’t commit robbery in Massachusetts through fraud or embezzlement.” “We find that the force element of Massachusetts’s unarmed assault statute excludes the possibility that a person may be convicted of that offense for a taking committed with the victim’s consent.”'

The full text of Baptista v. Bondi can be found here:

https://www.ca4.uscourts.gov/opinions/232237.P.pdf

Ninth Circuit Finds that CA Witness Intimidation is an Aggravated Felony

The Ninth Circuit has determined that a California conviction for dissuading a witness by force or fear qualifies an obstruction of justice aggravated felony if accompanied by a sentence of at least one year of incarceration. In so doing, the Court analyzed the conduct criminalized by all three subsections of California Penal Code section 136.1, and found they all match the generic definition of obstruction of justice.

The full text of Godoy-Aguilar v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/01/13/19-70960.pdf

Ninth Circuit Finds that Washington Conviction for Possession of a Stolen Vehicle is an Aggravated Felony

The Ninth Circuit has determined that a Washington conviction for possession of a stolen vehicle qualifies as an aggravated felony if accompanied by a sentence of at least one year of imprisonment.

“Washington’s stolen vehicle statute also requires actual knowledge that the vehicle was stolen. The statute requires not only that the defendant ‘knowingly’ possess the stolen property but also have a state of mind of ‘knowing that it has been stolen.’” “And since actual knowledge requires an intent to deprive the owner of his property, the state statute also matches the generic offense’s intent requirement.”

The full text of Chmukh v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/12/23/21-1096.pdf

Eighth Circuit Finds that MN Third Degree Criminal Sexual Conduct does not Match Federal Definition of Rape

The Eighth Circuit has determined that Minnesota’s crime of third-degree criminal sexual conduct does not match the generic definition of rape because the Minnesota crime includes digital or mechanical penetration, which are outside the generic definition of rape.

The full text of Quito-Guachichulca v. Garland can be found here:

https://ecf.ca8.uscourts.gov/opndir/24/12/231069P.pdf

Fifth Circuit Determines that Louisiana Conviction for Accessory after the Fact is not an Obstruction of Justice Aggravated Felony

The Fifth Circuit has determined that a Louisiana conviction for accessory after the fact is not an obstruction of justice aggravated felony because the state offense is a general intent crime, while the generic definition of obstruction of justice requires a specific intent to interfere with the process of justice.

The full text of Lopez Orellano v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/23/23-60248-CV0.pdf

Ninth Circuit Finds that CA Assault Statutes are not Crime of Violence

The Ninth Circuit has determined that a California conviction for assault with a deadly weapon is not a crime of violence because it includes reckless use of force. In so doing, the Court recognized that the Supreme Court’s decision in Borden states that a crime is not a crime of violence if it encompasses a mens rea in which the defendant acts deliberately, but consciously disregards an unjustifiable—though not practically certain— risk.”

The rationale of the decision should be equally applicable to assault with force likely to produce great bodily injury, assault with a firearm, and assault on a police officer or firefighter.

The full text of US v. Gomez can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/09/04/23-435.pdf

Ninth Circuit finds that CA Carjacking Conviction is not Crime of Violence

The Ninth Circuit has determined that has a California conviction for carjacking is not a crime of violence aggravated felony. “On a plain reading, section 215 defines carjacking more broadly than section 16(a) by not requiring the use of force.” The court further concluded that the use of fear required by the statute does not necessarily include the use of force. The court additionally concluded that the statute requires only a reckless mens rea, which is less than is necessary to match the definition of a crime of violence. “In sum, section 215 criminalizes carjacking committed through fear and without the use of force, as well as carjacking committed through the unintentional use of force.” The court further determined the statute is not divisible.

The full of Gutierrez v. Garland can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/07/02/21-130.pdf

Ninth Circuit Finds that Dissuading a Witness is an Aggravated Felony

On remand from the Supreme Court, the Ninth Circuit reversed its precedent, and concluded that a California conviction for dissuading a witness matches the definition of an obstruction of justice aggravated felony. In so doing, the court rejected an argument that the California mens rea is broader than the federal mens rea.

The full text of Cordero-Garcia v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2024/06/27/19-72779.pdf