Under U.S. Immigration Law there are a number of crimes that are specifically classified as aggravated felonies. As immigration law and policy has changed over the years so too has the scope of what criminal convictions are considered aggravated felonies.
When the government is attempting to deport or remove a non-citizen from the United States by alleging they are convicted of an aggravated felony, it is important to analyze whether there is any basis to deny the conviction is an aggravated felony. This is due to the fact that under U.S Immigration Law a conviction for an aggravated felony is the most severe criminal conviction for those fighting deportation or removal from the United States.
In analyzing whether a conviction is an aggravated felony, factors that should be looked into include:
whether there exists an actual conviction;
whether the crime meets the definition of aggravated felony as defined in the U.S. Immigration Law;
whether there are various subsections to the statute of conviction;
how much, if any, prison time the non-citizen had served due to the conviction
Furthermore, potential relief from removal or deportation due to an aggravated felony conviction depends on other factors, including:
the date of conviction;
whether the conviction was by plea or trial verdict;
how much, if any, prison time was served by the individual
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