Murder as an Aggravated Felony
How a murder conviction fits INA §101(a)(43)(A), including categorical analysis, homicide statutes broader than generic murder, and removal consequences.
INA §101(a)(43)(A) expressly lists murder as an aggravated felony. The analysis should compare the elements of the statute of conviction with the generic aggravated-felony concept rather than rely only on the offense label. A homicide statute that covers conduct outside generic murder can require divisibility analysis.
Murder as an Aggravated Felony
How a murder conviction fits INA §101(a)(43)(A), including categorical analysis, homicide statutes broader than generic murder, and removal consequences.
murder-AF analysis treats murder aggravated felony immigration as a distinct §101(a)(43) category with its own elements, thresholds, and proof rules.
murder-AF preparation should begin with the statute of conviction, certified record, sentence, and the exact aggravated-felony subparagraph charged by DHS.
Murder as an Aggravated Felony: Issue 1
INA §101(a)(43)(A) expressly lists murder as an aggravated felony. murder-AF state-law comparison should test aggravated-felony-murder-issue-1; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF hearing preparation should support aggravated-felony-murder-issue-1; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF factual audit should revisit aggravated-felony-murder-issue-1; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF analysis should begin with aggravated-felony-murder-issue-1; murder-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.
murder-AF record analysis should document aggravated-felony-murder-issue-1; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF charging analysis should frame aggravated-felony-murder-issue-1; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF chronology should isolate aggravated-felony-murder-issue-1; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF source review should confirm aggravated-felony-murder-issue-1; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF preservation should record aggravated-felony-murder-issue-1; murder-AF the respondent should obtain an explicit ruling on the aggravated-felony theory.
murder-AF closing argument should synthesize aggravated-felony-murder-issue-1; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF categorical review should test aggravated-felony-murder-issue-1; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF sentence review should evaluate aggravated-felony-murder-issue-1; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF burden review should address aggravated-felony-murder-issue-1; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF federal-comparator review should verify aggravated-felony-murder-issue-1; murder-AF statutory cross-references should be checked against the current and historically relevant code.
Murder as an Aggravated Felony: Issue 2
The analysis should compare the elements of the statute of conviction with the generic aggravated-felony concept rather than rely only on the offense label. murder-AF closing argument should synthesize aggravated-felony-murder-issue-2; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF categorical review should test aggravated-felony-murder-issue-2; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF sentence review should evaluate aggravated-felony-murder-issue-2; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF burden review should address aggravated-felony-murder-issue-2; murder-AF deportability must be established under the governing clear-and-convincing standard.
murder-AF federal-comparator review should verify aggravated-felony-murder-issue-2; murder-AF statutory cross-references should be checked against the current and historically relevant code. murder-AF motion practice should develop aggravated-felony-murder-issue-2; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF decision drafting should resolve aggravated-felony-murder-issue-2; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. murder-AF appellate preparation should preserve aggravated-felony-murder-issue-2; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF divisibility review should examine aggravated-felony-murder-issue-2; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives.
murder-AF circumstance-specific review should consider aggravated-felony-murder-issue-2; murder-AF nonelement facts should be used only when controlling law permits that mode of proof. murder-AF relief screening should follow aggravated-felony-murder-issue-2; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF state-law comparison should test aggravated-felony-murder-issue-2; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF hearing preparation should support aggravated-felony-murder-issue-2; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF factual audit should revisit aggravated-felony-murder-issue-2; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records.
Murder as an Aggravated Felony: Issue 3
A homicide statute that covers conduct outside generic murder can require divisibility analysis. murder-AF circumstance-specific review should consider aggravated-felony-murder-issue-3; murder-AF nonelement facts should be used only when controlling law permits that mode of proof. murder-AF relief screening should follow aggravated-felony-murder-issue-3; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF state-law comparison should test aggravated-felony-murder-issue-3; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF hearing preparation should support aggravated-felony-murder-issue-3; murder-AF certified conviction records should be paired with the specific legal proposition they prove.
murder-AF factual audit should revisit aggravated-felony-murder-issue-3; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF analysis should begin with aggravated-felony-murder-issue-3; murder-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. murder-AF record analysis should document aggravated-felony-murder-issue-3; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF charging analysis should frame aggravated-felony-murder-issue-3; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF chronology should isolate aggravated-felony-murder-issue-3; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.
murder-AF source review should confirm aggravated-felony-murder-issue-3; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF preservation should record aggravated-felony-murder-issue-3; murder-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. murder-AF closing argument should synthesize aggravated-felony-murder-issue-3; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF categorical review should test aggravated-felony-murder-issue-3; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF sentence review should evaluate aggravated-felony-murder-issue-3; murder-AF any imprisonment threshold must be treated as a separate statutory requirement.
Murder as an Aggravated Felony: Issue 4
No one-year sentence threshold appears in the murder clause itself. murder-AF source review should confirm aggravated-felony-murder-issue-4; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF preservation should record aggravated-felony-murder-issue-4; murder-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. murder-AF closing argument should synthesize aggravated-felony-murder-issue-4; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF categorical review should test aggravated-felony-murder-issue-4; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.
murder-AF sentence review should evaluate aggravated-felony-murder-issue-4; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF burden review should address aggravated-felony-murder-issue-4; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF federal-comparator review should verify aggravated-felony-murder-issue-4; murder-AF statutory cross-references should be checked against the current and historically relevant code. murder-AF motion practice should develop aggravated-felony-murder-issue-4; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF decision drafting should resolve aggravated-felony-murder-issue-4; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.
murder-AF appellate preparation should preserve aggravated-felony-murder-issue-4; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF divisibility review should examine aggravated-felony-murder-issue-4; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives. murder-AF circumstance-specific review should consider aggravated-felony-murder-issue-4; murder-AF nonelement facts should be used only when controlling law permits that mode of proof. murder-AF relief screening should follow aggravated-felony-murder-issue-4; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF state-law comparison should test aggravated-felony-murder-issue-4; murder-AF a state label alone should not substitute for element-by-element analysis.
Murder as an Aggravated Felony: Issue 5
A qualifying conviction can trigger deportability under INA §237(a)(2)(A)(iii) and major relief consequences. murder-AF appellate preparation should preserve aggravated-felony-murder-issue-5; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF divisibility review should examine aggravated-felony-murder-issue-5; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives. murder-AF circumstance-specific review should consider aggravated-felony-murder-issue-5; murder-AF nonelement facts should be used only when controlling law permits that mode of proof. murder-AF relief screening should follow aggravated-felony-murder-issue-5; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately.
murder-AF state-law comparison should test aggravated-felony-murder-issue-5; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF hearing preparation should support aggravated-felony-murder-issue-5; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF factual audit should revisit aggravated-felony-murder-issue-5; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF analysis should begin with aggravated-felony-murder-issue-5; murder-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. murder-AF record analysis should document aggravated-felony-murder-issue-5; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.
murder-AF charging analysis should frame aggravated-felony-murder-issue-5; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF chronology should isolate aggravated-felony-murder-issue-5; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF source review should confirm aggravated-felony-murder-issue-5; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF preservation should record aggravated-felony-murder-issue-5; murder-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. murder-AF closing argument should synthesize aggravated-felony-murder-issue-5; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.
Murder as an Aggravated Felony: Issue 6
INA §101(a)(43)(A) expressly lists murder as an aggravated felony. murder-AF charging analysis should frame aggravated-felony-murder-issue-6; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF chronology should isolate aggravated-felony-murder-issue-6; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF source review should confirm aggravated-felony-murder-issue-6; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF preservation should record aggravated-felony-murder-issue-6; murder-AF the respondent should obtain an explicit ruling on the aggravated-felony theory.
murder-AF closing argument should synthesize aggravated-felony-murder-issue-6; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF categorical review should test aggravated-felony-murder-issue-6; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF sentence review should evaluate aggravated-felony-murder-issue-6; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF burden review should address aggravated-felony-murder-issue-6; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF federal-comparator review should verify aggravated-felony-murder-issue-6; murder-AF statutory cross-references should be checked against the current and historically relevant code.
murder-AF motion practice should develop aggravated-felony-murder-issue-6; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF decision drafting should resolve aggravated-felony-murder-issue-6; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. murder-AF appellate preparation should preserve aggravated-felony-murder-issue-6; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF divisibility review should examine aggravated-felony-murder-issue-6; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives. murder-AF circumstance-specific review should consider aggravated-felony-murder-issue-6; murder-AF nonelement facts should be used only when controlling law permits that mode of proof.
Murder as an Aggravated Felony: Issue 7
The analysis should compare the elements of the statute of conviction with the generic aggravated-felony concept rather than rely only on the offense label. murder-AF motion practice should develop aggravated-felony-murder-issue-7; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF decision drafting should resolve aggravated-felony-murder-issue-7; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. murder-AF appellate preparation should preserve aggravated-felony-murder-issue-7; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF divisibility review should examine aggravated-felony-murder-issue-7; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives.
murder-AF circumstance-specific review should consider aggravated-felony-murder-issue-7; murder-AF nonelement facts should be used only when controlling law permits that mode of proof. murder-AF relief screening should follow aggravated-felony-murder-issue-7; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF state-law comparison should test aggravated-felony-murder-issue-7; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF hearing preparation should support aggravated-felony-murder-issue-7; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF factual audit should revisit aggravated-felony-murder-issue-7; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records.
murder-AF analysis should begin with aggravated-felony-murder-issue-7; murder-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. murder-AF record analysis should document aggravated-felony-murder-issue-7; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF charging analysis should frame aggravated-felony-murder-issue-7; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF chronology should isolate aggravated-felony-murder-issue-7; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF source review should confirm aggravated-felony-murder-issue-7; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
Murder as an Aggravated Felony: Issue 8
A homicide statute that covers conduct outside generic murder can require divisibility analysis. murder-AF analysis should begin with aggravated-felony-murder-issue-8; murder-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. murder-AF record analysis should document aggravated-felony-murder-issue-8; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF charging analysis should frame aggravated-felony-murder-issue-8; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF chronology should isolate aggravated-felony-murder-issue-8; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.
murder-AF source review should confirm aggravated-felony-murder-issue-8; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF preservation should record aggravated-felony-murder-issue-8; murder-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. murder-AF closing argument should synthesize aggravated-felony-murder-issue-8; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF categorical review should test aggravated-felony-murder-issue-8; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF sentence review should evaluate aggravated-felony-murder-issue-8; murder-AF any imprisonment threshold must be treated as a separate statutory requirement.
murder-AF burden review should address aggravated-felony-murder-issue-8; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF federal-comparator review should verify aggravated-felony-murder-issue-8; murder-AF statutory cross-references should be checked against the current and historically relevant code. murder-AF motion practice should develop aggravated-felony-murder-issue-8; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF decision drafting should resolve aggravated-felony-murder-issue-8; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. murder-AF appellate preparation should preserve aggravated-felony-murder-issue-8; murder-AF the record should permit legal review without reconstructing missing conviction documents.
Murder as an Aggravated Felony: Issue 9
No one-year sentence threshold appears in the murder clause itself. murder-AF burden review should address aggravated-felony-murder-issue-9; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF federal-comparator review should verify aggravated-felony-murder-issue-9; murder-AF statutory cross-references should be checked against the current and historically relevant code. murder-AF motion practice should develop aggravated-felony-murder-issue-9; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF decision drafting should resolve aggravated-felony-murder-issue-9; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.
murder-AF appellate preparation should preserve aggravated-felony-murder-issue-9; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF divisibility review should examine aggravated-felony-murder-issue-9; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives. murder-AF circumstance-specific review should consider aggravated-felony-murder-issue-9; murder-AF nonelement facts should be used only when controlling law permits that mode of proof. murder-AF relief screening should follow aggravated-felony-murder-issue-9; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF state-law comparison should test aggravated-felony-murder-issue-9; murder-AF a state label alone should not substitute for element-by-element analysis.
murder-AF hearing preparation should support aggravated-felony-murder-issue-9; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF factual audit should revisit aggravated-felony-murder-issue-9; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF analysis should begin with aggravated-felony-murder-issue-9; murder-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. murder-AF record analysis should document aggravated-felony-murder-issue-9; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF charging analysis should frame aggravated-felony-murder-issue-9; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.
Murder as an Aggravated Felony: Issue 10
A qualifying conviction can trigger deportability under INA §237(a)(2)(A)(iii) and major relief consequences. murder-AF hearing preparation should support aggravated-felony-murder-issue-10; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF factual audit should revisit aggravated-felony-murder-issue-10; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF analysis should begin with aggravated-felony-murder-issue-10; murder-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. murder-AF record analysis should document aggravated-felony-murder-issue-10; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.
murder-AF charging analysis should frame aggravated-felony-murder-issue-10; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF chronology should isolate aggravated-felony-murder-issue-10; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF source review should confirm aggravated-felony-murder-issue-10; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF preservation should record aggravated-felony-murder-issue-10; murder-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. murder-AF closing argument should synthesize aggravated-felony-murder-issue-10; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.
murder-AF categorical review should test aggravated-felony-murder-issue-10; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF sentence review should evaluate aggravated-felony-murder-issue-10; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF burden review should address aggravated-felony-murder-issue-10; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF federal-comparator review should verify aggravated-felony-murder-issue-10; murder-AF statutory cross-references should be checked against the current and historically relevant code. murder-AF motion practice should develop aggravated-felony-murder-issue-10; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
Conviction Record Map: Murder as an Aggravated Felony
murder-AF state-law comparison should test aggravated-felony-murder-practice-11; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF decision drafting should resolve aggravated-felony-murder-practice-11; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. murder-AF categorical review should test aggravated-felony-murder-practice-11; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF charging analysis should frame aggravated-felony-murder-practice-11; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF state-law comparison should test aggravated-felony-murder-practice-11; murder-AF a state label alone should not substitute for element-by-element analysis.
murder-AF decision drafting should resolve aggravated-felony-murder-practice-11; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. murder-AF categorical review should test aggravated-felony-murder-practice-11; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF charging analysis should frame aggravated-felony-murder-practice-11; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF state-law comparison should test aggravated-felony-murder-practice-11; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF decision drafting should resolve aggravated-felony-murder-practice-11; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.
murder-AF categorical review should test aggravated-felony-murder-practice-11; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. murder-AF charging analysis should frame aggravated-felony-murder-practice-11; murder-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. murder-AF state-law comparison should test aggravated-felony-murder-practice-11; murder-AF a state label alone should not substitute for element-by-element analysis. murder-AF decision drafting should resolve aggravated-felony-murder-practice-11; murder-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. murder-AF categorical review should test aggravated-felony-murder-practice-11; murder-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.
Categorical Analysis Plan: Murder as an Aggravated Felony
murder-AF divisibility review should examine aggravated-felony-murder-practice-12; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives. murder-AF burden review should address aggravated-felony-murder-practice-12; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF source review should confirm aggravated-felony-murder-practice-12; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF factual audit should revisit aggravated-felony-murder-practice-12; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF divisibility review should examine aggravated-felony-murder-practice-12; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives.
murder-AF burden review should address aggravated-felony-murder-practice-12; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF source review should confirm aggravated-felony-murder-practice-12; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF factual audit should revisit aggravated-felony-murder-practice-12; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF divisibility review should examine aggravated-felony-murder-practice-12; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives. murder-AF burden review should address aggravated-felony-murder-practice-12; murder-AF deportability must be established under the governing clear-and-convincing standard.
murder-AF source review should confirm aggravated-felony-murder-practice-12; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. murder-AF factual audit should revisit aggravated-felony-murder-practice-12; murder-AF assumptions about sentence or monetary amount should be replaced with reliable records. murder-AF divisibility review should examine aggravated-felony-murder-practice-12; murder-AF the record of conviction should be used only when the statute contains legally distinct alternatives. murder-AF burden review should address aggravated-felony-murder-practice-12; murder-AF deportability must be established under the governing clear-and-convincing standard. murder-AF source review should confirm aggravated-felony-murder-practice-12; murder-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
Removal and Relief Consequences: Murder as an Aggravated Felony
murder-AF motion practice should develop aggravated-felony-murder-practice-13; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF closing argument should synthesize aggravated-felony-murder-practice-13; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF record analysis should document aggravated-felony-murder-practice-13; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF relief screening should follow aggravated-felony-murder-practice-13; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF motion practice should develop aggravated-felony-murder-practice-13; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
murder-AF closing argument should synthesize aggravated-felony-murder-practice-13; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF record analysis should document aggravated-felony-murder-practice-13; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF relief screening should follow aggravated-felony-murder-practice-13; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF motion practice should develop aggravated-felony-murder-practice-13; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF closing argument should synthesize aggravated-felony-murder-practice-13; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.
murder-AF record analysis should document aggravated-felony-murder-practice-13; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. murder-AF relief screening should follow aggravated-felony-murder-practice-13; murder-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. murder-AF motion practice should develop aggravated-felony-murder-practice-13; murder-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. murder-AF closing argument should synthesize aggravated-felony-murder-practice-13; murder-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. murder-AF record analysis should document aggravated-felony-murder-practice-13; murder-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.
Appeal Preservation: Murder as an Aggravated Felony
murder-AF sentence review should evaluate aggravated-felony-murder-practice-14; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF chronology should isolate aggravated-felony-murder-practice-14; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF hearing preparation should support aggravated-felony-murder-practice-14; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF appellate preparation should preserve aggravated-felony-murder-practice-14; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF sentence review should evaluate aggravated-felony-murder-practice-14; murder-AF any imprisonment threshold must be treated as a separate statutory requirement.
murder-AF chronology should isolate aggravated-felony-murder-practice-14; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF hearing preparation should support aggravated-felony-murder-practice-14; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF appellate preparation should preserve aggravated-felony-murder-practice-14; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF sentence review should evaluate aggravated-felony-murder-practice-14; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF chronology should isolate aggravated-felony-murder-practice-14; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.
murder-AF hearing preparation should support aggravated-felony-murder-practice-14; murder-AF certified conviction records should be paired with the specific legal proposition they prove. murder-AF appellate preparation should preserve aggravated-felony-murder-practice-14; murder-AF the record should permit legal review without reconstructing missing conviction documents. murder-AF sentence review should evaluate aggravated-felony-murder-practice-14; murder-AF any imprisonment threshold must be treated as a separate statutory requirement. murder-AF chronology should isolate aggravated-felony-murder-practice-14; murder-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. murder-AF hearing preparation should support aggravated-felony-murder-practice-14; murder-AF certified conviction records should be paired with the specific legal proposition they prove.
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.
- 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.
- EOIR Precedent Decisions — Volume 22 Official EOIR source including Matter of Aldabesheh, Ruiz-Romero, and Alvarado-Alvino.
- EOIR Precedent Decisions — Volume 23 Official EOIR source including Matter of Martinez-Recinos.
- EOIR Precedent Decisions — Volume 26 Official EOIR source including Matter of Adeniye, Garza-Olivares, and Alvarado.
Frequently Asked Questions
What is the main rule for murder aggravated felony immigration?
Does every conviction labeled this way qualify as murder aggravated felony immigration?
Does sentence length matter for murder aggravated felony immigration?
What conviction records matter for murder aggravated felony immigration?
What immigration consequences follow from murder aggravated felony immigration?
How should murder aggravated felony immigration be preserved for appeal?
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