Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies
How INA §101(a)(43)(S) covers perjury, subornation of perjury, bribery of a witness, and obstruction-related offenses with a one-year sentence.
Section 101(a)(43)(S) covers offenses relating to perjury, subornation of perjury, bribery of a witness, or obstruction of justice when the term of imprisonment is at least one year. Matter of Alvarado defines generic perjury as a material false statement made knowingly or willfully under an oath or affirmation authorized or required by law. A state offense broader than generic perjury can fail categorical treatment unless divisibility permits a narrower analysis.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies
How INA §101(a)(43)(S) covers perjury, subornation of perjury, bribery of a witness, and obstruction-related offenses with a one-year sentence.
perjury-bribery-AF analysis treats perjury bribery witness aggravated felony as a distinct §101(a)(43) category with its own elements, thresholds, and proof rules.
perjury-bribery-AF preparation should begin with the statute of conviction, certified record, sentence, and the exact aggravated-felony subparagraph charged by DHS.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 1
Section 101(a)(43)(S) covers offenses relating to perjury, subornation of perjury, bribery of a witness, or obstruction of justice when the term of imprisonment is at least one year. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF chronology should isolate aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.
perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF sentence review should evaluate aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF any imprisonment threshold must be treated as a separate statutory requirement.
perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF appellate preparation should preserve aggravated-felony-perjury-subornation-bribery-witness-issue-1; perjury-bribery-AF the record should permit legal review without reconstructing missing conviction documents.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 2
Matter of Alvarado defines generic perjury as a material false statement made knowingly or willfully under an oath or affirmation authorized or required by law. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.
perjury-bribery-AF appellate preparation should preserve aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF the record should permit legal review without reconstructing missing conviction documents. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis.
perjury-bribery-AF hearing preparation should support aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF certified conviction records should be paired with the specific legal proposition they prove. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-issue-2; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 3
A state offense broader than generic perjury can fail categorical treatment unless divisibility permits a narrower analysis. perjury-bribery-AF hearing preparation should support aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF certified conviction records should be paired with the specific legal proposition they prove. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.
perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF chronology should isolate aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.
perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF sentence review should evaluate aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF any imprisonment threshold must be treated as a separate statutory requirement. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-issue-3; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 4
The one-year sentence requirement must be established separately. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF sentence review should evaluate aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF any imprisonment threshold must be treated as a separate statutory requirement. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code.
perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF appellate preparation should preserve aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF the record should permit legal review without reconstructing missing conviction documents. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof.
perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis. perjury-bribery-AF hearing preparation should support aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF certified conviction records should be paired with the specific legal proposition they prove. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-issue-4; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 5
This page concerns the perjury and witness-bribery branches rather than the already distinct obstruction-of-justice analysis. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis. perjury-bribery-AF hearing preparation should support aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF certified conviction records should be paired with the specific legal proposition they prove. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records.
perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF chronology should isolate aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF sentence review should evaluate aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF any imprisonment threshold must be treated as a separate statutory requirement. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-5; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 6
Section 101(a)(43)(S) covers offenses relating to perjury, subornation of perjury, bribery of a witness, or obstruction of justice when the term of imprisonment is at least one year. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF sentence review should evaluate aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF any imprisonment threshold must be treated as a separate statutory requirement.
perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF appellate preparation should preserve aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF the record should permit legal review without reconstructing missing conviction documents.
perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis. perjury-bribery-AF hearing preparation should support aggravated-felony-perjury-subornation-bribery-witness-issue-6; perjury-bribery-AF certified conviction records should be paired with the specific legal proposition they prove.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 7
Matter of Alvarado defines generic perjury as a material false statement made knowingly or willfully under an oath or affirmation authorized or required by law. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis.
perjury-bribery-AF hearing preparation should support aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF certified conviction records should be paired with the specific legal proposition they prove. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.
perjury-bribery-AF chronology should isolate aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-7; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 8
A state offense broader than generic perjury can fail categorical treatment unless divisibility permits a narrower analysis. perjury-bribery-AF chronology should isolate aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.
perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF sentence review should evaluate aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF any imprisonment threshold must be treated as a separate statutory requirement. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF appellate preparation should preserve aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF the record should permit legal review without reconstructing missing conviction documents. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-issue-8; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 9
The one-year sentence requirement must be established separately. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF appellate preparation should preserve aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF the record should permit legal review without reconstructing missing conviction documents. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof.
perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis. perjury-bribery-AF hearing preparation should support aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF certified conviction records should be paired with the specific legal proposition they prove. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.
perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF chronology should isolate aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-9; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory.
Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies: Issue 10
This page concerns the perjury and witness-bribery branches rather than the already distinct obstruction-of-justice analysis. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF chronology should isolate aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF sentence review should evaluate aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF any imprisonment threshold must be treated as a separate statutory requirement. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard.
perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF appellate preparation should preserve aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF the record should permit legal review without reconstructing missing conviction documents. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-issue-10; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives.
Conviction Record Map: Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies
perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code.
perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory.
perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. perjury-bribery-AF circumstance-specific review should consider aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF nonelement facts should be used only when controlling law permits that mode of proof. perjury-bribery-AF federal-comparator review should verify aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF statutory cross-references should be checked against the current and historically relevant code. perjury-bribery-AF preservation should record aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. perjury-bribery-AF analysis should begin with aggravated-felony-perjury-subornation-bribery-witness-practice-11; perjury-bribery-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.
Categorical Analysis Plan: Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies
perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.
perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.
perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis. perjury-bribery-AF decision drafting should resolve aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. perjury-bribery-AF categorical review should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. perjury-bribery-AF charging analysis should frame aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. perjury-bribery-AF state-law comparison should test aggravated-felony-perjury-subornation-bribery-witness-practice-12; perjury-bribery-AF a state label alone should not substitute for element-by-element analysis.
Removal and Relief Consequences: Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies
perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.
perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records.
perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives. perjury-bribery-AF burden review should address aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF deportability must be established under the governing clear-and-convincing standard. perjury-bribery-AF source review should confirm aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. perjury-bribery-AF factual audit should revisit aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF assumptions about sentence or monetary amount should be replaced with reliable records. perjury-bribery-AF divisibility review should examine aggravated-felony-perjury-subornation-bribery-witness-practice-13; perjury-bribery-AF the record of conviction should be used only when the statute contains legally distinct alternatives.
Appeal Preservation: Perjury, Subornation, and Bribery of a Witness as Aggravated Felonies
perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.
perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately.
perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. perjury-bribery-AF closing argument should synthesize aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. perjury-bribery-AF record analysis should document aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. perjury-bribery-AF relief screening should follow aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. perjury-bribery-AF motion practice should develop aggravated-felony-perjury-subornation-bribery-witness-practice-14; perjury-bribery-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.
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 Alvarado, 26 I&N Dec. 895 (BIA 2016) BIA precedent defining generic perjury for §101(a)(43)(S).
- EOIR Precedent Decisions — Volume 26 Official EOIR source including Matter of Adeniye, Garza-Olivares, and Alvarado.
- EOIR Precedent Decisions — Volume 23 Official EOIR source including Matter of Martinez-Recinos.
- 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 perjury bribery witness aggravated felony?
Does every conviction labeled this way qualify as perjury bribery witness aggravated felony?
Does sentence length matter for perjury bribery witness aggravated felony?
What conviction records matter for perjury bribery witness aggravated felony?
What immigration consequences follow from perjury bribery witness aggravated felony?
How should perjury bribery witness aggravated felony be preserved for appeal?
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