What Crime Is Considered An Aggravated Felony for Deportation Purposes?
Section 101(a)(43) of the Immigration and Nationality Act (INA) defines “Aggravated Felony” through the listing of a number of specified crimes AND other felonies which include: a) any crime of violence (including crimes involving a substantial risk of the use of physical force) for which the term of imprisonment is at least one year; b) any crime of theft (including the receipt of stolen property) or burglary for which the term of imprisonment is at least one year; It is important to note that in order for the crime to be considered an Aggravated Felony, the sentence imposed must be for one year as opposed to the crime allowing for a one year sentence. In other words, if a crime allows for a 1 year sentence and the non-citizen is sentenced to 3 months, it would not be considered an aggravated felony unless it falls under the list of specific felonies listed below. The Department of Homeland Security (Immigration) lists SPECIFIC FELONIES that are considered aggravated and they include:
