If you have been convicted of an aggravated felony, you could be deported.  Being convicted of an aggravated felony (AF) has dire consequences under federal immigration laws. This made sense in the 1980s when the term referred only to murder, federal drug trafficking, and illicit trafficking of firearms and destructive devices.

Today, an AF need not be “aggravated” nor a “felony”.  It includes many nonviolent offenses which are comparatively minor.

However, on June 10, 2021, in Borden v. United States, the U.S. Supreme Court held that only crimes which require the perpetrator to have either (a) an intent to use violence against a person or (b) knowledge that they will subject a person to violent force can be considered a “violent felony” under the Armed Career Criminal Act. A person with three or more prior violent felony convictions may receive a much longer criminal sentence for certain federal crimes. A crime that can be committed by only “reckless” behavior is not enough.

Examples of Aggravated Felonies

 

  • Theft offense, including receipt of stolen property if the term of imprisonment is at least one year;

  • Tax evasion in the case of where the loss to the government exceeds $10,000;

  • Receipt of stolen property if the term of imprisonment is at least one year;

  • Fraud or deceit offenses if the loss to the victim exceeds $10,000;

  • Attempt to commit an aggravated felony;

  • Counterfeiting – if the term of imprisonment is at least one year

  • Offense related to alien smuggling (though some exceptions apply)

Aggravated Felony Resources