Failure to Appear on a Felony Charge as an Aggravated Felony
How INA §101(a)(43)(T) applies to failure to appear before a court to answer to or dispose of a felony charge carrying at least two years.
Section 101(a)(43)(T) covers specified failure-to-appear offenses tied to a court order and a felony charge for which two years or more may be imposed. Matter of Garza-Olivares applies the categorical approach to the failure-to-appear offense itself and a circumstance-specific approach to the listed surrounding conditions. The court-order requirement, felony-charge requirement, and punishment threshold each require proof.
Failure to Appear on a Felony Charge as an Aggravated Felony
How INA §101(a)(43)(T) applies to failure to appear before a court to answer to or dispose of a felony charge carrying at least two years.
failure-appear-felony-AF analysis treats failure to appear felony charge aggravated felony as a distinct §101(a)(43) category with its own elements, thresholds, and proof rules.
failure-appear-felony-AF preparation should begin with the statute of conviction, certified record, sentence, and the exact aggravated-felony subparagraph charged by DHS.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 1
Section 101(a)(43)(T) covers specified failure-to-appear offenses tied to a court order and a felony charge for which two years or more may be imposed. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives.
failure-appear-felony-AF circumstance-specific review should consider aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF nonelement facts should be used only when controlling law permits that mode of proof. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records.
failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-issue-1; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 2
Matter of Garza-Olivares applies the categorical approach to the failure-to-appear offense itself and a circumstance-specific approach to the listed surrounding conditions. failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.
failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF preservation should record aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement.
failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF federal-comparator review should verify aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF statutory cross-references should be checked against the current and historically relevant code. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-issue-2; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 3
The court-order requirement, felony-charge requirement, and punishment threshold each require proof. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF federal-comparator review should verify aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF statutory cross-references should be checked against the current and historically relevant code. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.
failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF circumstance-specific review should consider aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF nonelement facts should be used only when controlling law permits that mode of proof. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis.
failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-issue-3; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 4
The punishment inquiry asks what could be imposed for the underlying felony charge. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.
failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF preservation should record aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.
failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF federal-comparator review should verify aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF statutory cross-references should be checked against the current and historically relevant code. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-issue-4; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 5
This category is distinct from failure to appear for service of sentence under subparagraph (Q). failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF federal-comparator review should verify aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF statutory cross-references should be checked against the current and historically relevant code.
failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF circumstance-specific review should consider aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF nonelement facts should be used only when controlling law permits that mode of proof.
failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-5; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 6
Section 101(a)(43)(T) covers specified failure-to-appear offenses tied to a court order and a felony charge for which two years or more may be imposed. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records.
failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
failure-appear-felony-AF preservation should record aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-issue-6; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 7
Matter of Garza-Olivares applies the categorical approach to the failure-to-appear offense itself and a circumstance-specific approach to the listed surrounding conditions. failure-appear-felony-AF preservation should record aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement.
failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF federal-comparator review should verify aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF statutory cross-references should be checked against the current and historically relevant code. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents.
failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF circumstance-specific review should consider aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF nonelement facts should be used only when controlling law permits that mode of proof. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-7; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 8
The court-order requirement, felony-charge requirement, and punishment threshold each require proof. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF circumstance-specific review should consider aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF nonelement facts should be used only when controlling law permits that mode of proof. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis.
failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.
failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF preservation should record aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-issue-8; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 9
The punishment inquiry asks what could be imposed for the underlying felony charge. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF preservation should record aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.
failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF federal-comparator review should verify aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF statutory cross-references should be checked against the current and historically relevant code. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF circumstance-specific review should consider aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF nonelement facts should be used only when controlling law permits that mode of proof. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-9; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately.
Failure to Appear on a Felony Charge as an Aggravated Felony: Issue 10
This category is distinct from failure to appear for service of sentence under subparagraph (Q). failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF circumstance-specific review should consider aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF nonelement facts should be used only when controlling law permits that mode of proof.
failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF analysis should begin with aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.
failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF preservation should record aggravated-felony-failure-appear-felony-charge-issue-10; failure-appear-felony-AF the respondent should obtain an explicit ruling on the aggravated-felony theory.
Conviction Record Map: Failure to Appear on a Felony Charge as an Aggravated Felony
failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.
failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.
failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis. failure-appear-felony-AF decision drafting should resolve aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. failure-appear-felony-AF categorical review should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. failure-appear-felony-AF charging analysis should frame aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. failure-appear-felony-AF state-law comparison should test aggravated-felony-failure-appear-felony-charge-practice-11; failure-appear-felony-AF a state label alone should not substitute for element-by-element analysis.
Categorical Analysis Plan: Failure to Appear on a Felony Charge as an Aggravated Felony
failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records.
failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives. failure-appear-felony-AF burden review should address aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF deportability must be established under the governing clear-and-convincing standard. failure-appear-felony-AF source review should confirm aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. failure-appear-felony-AF factual audit should revisit aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF assumptions about sentence or monetary amount should be replaced with reliable records. failure-appear-felony-AF divisibility review should examine aggravated-felony-failure-appear-felony-charge-practice-12; failure-appear-felony-AF the record of conviction should be used only when the statute contains legally distinct alternatives.
Removal and Relief Consequences: Failure to Appear on a Felony Charge as an Aggravated Felony
failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.
failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately.
failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. failure-appear-felony-AF closing argument should synthesize aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. failure-appear-felony-AF record analysis should document aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. failure-appear-felony-AF relief screening should follow aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. failure-appear-felony-AF motion practice should develop aggravated-felony-failure-appear-felony-charge-practice-13; failure-appear-felony-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
Appeal Preservation: Failure to Appear on a Felony Charge as an Aggravated Felony
failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove.
failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents.
failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement. failure-appear-felony-AF chronology should isolate aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. failure-appear-felony-AF hearing preparation should support aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF certified conviction records should be paired with the specific legal proposition they prove. failure-appear-felony-AF appellate preparation should preserve aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF the record should permit legal review without reconstructing missing conviction documents. failure-appear-felony-AF sentence review should evaluate aggravated-felony-failure-appear-felony-charge-practice-14; failure-appear-felony-AF any imprisonment threshold must be treated as a separate statutory requirement.
Primary Legal Authorities and Sources
- 8 U.S.C. §1101(a)(43) — Aggravated Felony Definition Current House U.S. Code source for the aggravated-felony definition.
- Matter of Garza-Olivares, 26 I&N Dec. 736 (BIA 2016) BIA precedent applying categorical and circumstance-specific components to §101(a)(43)(T).
- EOIR Precedent Decisions — Volume 26 Official EOIR source including Matter of Adeniye, Garza-Olivares, and Alvarado.
- Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016) BIA precedent on failure to appear for service of sentence under §101(a)(43)(Q).
- 8 U.S.C. §1227(a)(2)(A)(iii) — Aggravated-Felony Deportability Primary deportability statute for a person convicted of an aggravated felony after admission.
- EOIR BIA Precedent Chart — Aggravated Felonies Official EOIR topic chart collecting BIA aggravated-felony precedents.
Frequently Asked Questions
What is the main rule for failure to appear felony charge aggravated felony?
Does every conviction labeled this way qualify as failure to appear felony charge aggravated felony?
Does sentence length matter for failure to appear felony charge aggravated felony?
What conviction records matter for failure to appear felony charge aggravated felony?
What immigration consequences follow from failure to appear felony charge aggravated felony?
How should failure to appear felony charge aggravated felony be preserved for appeal?
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