Business, Legal & Accounting Glossary
An aggravated felony includes, but is not limited to, crimes of violence and other offenses that are punishable by imprisonment for at least five years. Non-citizens who commit aggravated felonies in the United States may be subject to deportation pursuant to U.S. immigration law.
An aggravated felony has implications in criminal law and immigration law. The definition and scope of an aggravated felony has evolved through the years. In June 2010, the U.S. Supreme Court clarified the threshold for considering a drug offense an aggravated felony, meriting automatic deportation, in Carachuri-Rosendo v. Holder.
The immigration law of the United States falls under the jurisdiction of the federal government. Currently, the Immigration and Nationality Act of 1952 (“INA”) governs U.S. immigration law. The INA and its federal regulations govern a range of immigration areas including the following:
Aggravated felonies were first included in immigration law under the Anti-Drug Abuse Act of 1988 (“ADAA”). Initially, a separate basis for deportation was enumerated for serious crimes such as murder, drug trafficking, or illegal trafficking of firearms or destructive devices.
Subsequently, the definition for aggravated felonies has broadened to include offenses outside the confines of a felony. Examples of these include:
A conviction of an aggravated felony, not only jeopardizes the non-citizen’s ability to attain citizenship but also results in grounds for deportation.
Examples of such consequences are:
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This glossary post was last updated: 8th October, 2021 | 0 Views.