Rape as an Aggravated Felony

How rape is analyzed under INA §101(a)(43)(A), including generic offense elements, state-law breadth, divisibility, and the effect of a qualifying conviction.

rape-AF analysis treats rape aggravated felony immigration as a distinct §101(a)(43) category with its own elements, thresholds, and proof rules.

rape-AF preparation should begin with the statute of conviction, certified record, sentence, and the exact aggravated-felony subparagraph charged by DHS.

INA §101(a)(43)(A) expressly lists rape as an aggravated felony. rape-AF chronology should isolate aggravated-felony-rape-issue-1; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF source review should confirm aggravated-felony-rape-issue-1; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF preservation should record aggravated-felony-rape-issue-1; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF closing argument should synthesize aggravated-felony-rape-issue-1; rape-AF the requested finding should be stated under the correct §101(a)(43) subparagraph.

rape-AF categorical review should test aggravated-felony-rape-issue-1; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF sentence review should evaluate aggravated-felony-rape-issue-1; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF burden review should address aggravated-felony-rape-issue-1; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF federal-comparator review should verify aggravated-felony-rape-issue-1; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF motion practice should develop aggravated-felony-rape-issue-1; rape-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.

rape-AF decision drafting should resolve aggravated-felony-rape-issue-1; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF appellate preparation should preserve aggravated-felony-rape-issue-1; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF divisibility review should examine aggravated-felony-rape-issue-1; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF circumstance-specific review should consider aggravated-felony-rape-issue-1; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF relief screening should follow aggravated-felony-rape-issue-1; rape-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately.

A state offense must be compared with the generic federal aggravated-felony concept rather than classified by label alone. rape-AF decision drafting should resolve aggravated-felony-rape-issue-2; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF appellate preparation should preserve aggravated-felony-rape-issue-2; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF divisibility review should examine aggravated-felony-rape-issue-2; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF circumstance-specific review should consider aggravated-felony-rape-issue-2; rape-AF nonelement facts should be used only when controlling law permits that mode of proof.

rape-AF relief screening should follow aggravated-felony-rape-issue-2; rape-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. rape-AF state-law comparison should test aggravated-felony-rape-issue-2; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF hearing preparation should support aggravated-felony-rape-issue-2; rape-AF certified conviction records should be paired with the specific legal proposition they prove. rape-AF factual audit should revisit aggravated-felony-rape-issue-2; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF analysis should begin with aggravated-felony-rape-issue-2; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.

rape-AF record analysis should document aggravated-felony-rape-issue-2; rape-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. rape-AF charging analysis should frame aggravated-felony-rape-issue-2; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF chronology should isolate aggravated-felony-rape-issue-2; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF source review should confirm aggravated-felony-rape-issue-2; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF preservation should record aggravated-felony-rape-issue-2; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory.

Consent, force, age, and mens rea elements can affect the categorical analysis. rape-AF record analysis should document aggravated-felony-rape-issue-3; rape-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. rape-AF charging analysis should frame aggravated-felony-rape-issue-3; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF chronology should isolate aggravated-felony-rape-issue-3; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF source review should confirm aggravated-felony-rape-issue-3; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.

rape-AF preservation should record aggravated-felony-rape-issue-3; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF closing argument should synthesize aggravated-felony-rape-issue-3; rape-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. rape-AF categorical review should test aggravated-felony-rape-issue-3; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF sentence review should evaluate aggravated-felony-rape-issue-3; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF burden review should address aggravated-felony-rape-issue-3; rape-AF deportability must be established under the governing clear-and-convincing standard.

rape-AF federal-comparator review should verify aggravated-felony-rape-issue-3; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF motion practice should develop aggravated-felony-rape-issue-3; rape-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. rape-AF decision drafting should resolve aggravated-felony-rape-issue-3; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF appellate preparation should preserve aggravated-felony-rape-issue-3; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF divisibility review should examine aggravated-felony-rape-issue-3; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives.

The rape clause itself does not contain a one-year imprisonment threshold. rape-AF federal-comparator review should verify aggravated-felony-rape-issue-4; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF motion practice should develop aggravated-felony-rape-issue-4; rape-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. rape-AF decision drafting should resolve aggravated-felony-rape-issue-4; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF appellate preparation should preserve aggravated-felony-rape-issue-4; rape-AF the record should permit legal review without reconstructing missing conviction documents.

rape-AF divisibility review should examine aggravated-felony-rape-issue-4; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF circumstance-specific review should consider aggravated-felony-rape-issue-4; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF relief screening should follow aggravated-felony-rape-issue-4; rape-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. rape-AF state-law comparison should test aggravated-felony-rape-issue-4; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF hearing preparation should support aggravated-felony-rape-issue-4; rape-AF certified conviction records should be paired with the specific legal proposition they prove.

rape-AF factual audit should revisit aggravated-felony-rape-issue-4; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF analysis should begin with aggravated-felony-rape-issue-4; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. rape-AF record analysis should document aggravated-felony-rape-issue-4; rape-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. rape-AF charging analysis should frame aggravated-felony-rape-issue-4; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF chronology should isolate aggravated-felony-rape-issue-4; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.

The record of conviction matters when a divisible statute contains qualifying and nonqualifying alternatives. rape-AF factual audit should revisit aggravated-felony-rape-issue-5; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF analysis should begin with aggravated-felony-rape-issue-5; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. rape-AF record analysis should document aggravated-felony-rape-issue-5; rape-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. rape-AF charging analysis should frame aggravated-felony-rape-issue-5; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged.

rape-AF chronology should isolate aggravated-felony-rape-issue-5; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF source review should confirm aggravated-felony-rape-issue-5; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF preservation should record aggravated-felony-rape-issue-5; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF closing argument should synthesize aggravated-felony-rape-issue-5; rape-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. rape-AF categorical review should test aggravated-felony-rape-issue-5; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.

rape-AF sentence review should evaluate aggravated-felony-rape-issue-5; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF burden review should address aggravated-felony-rape-issue-5; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF federal-comparator review should verify aggravated-felony-rape-issue-5; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF motion practice should develop aggravated-felony-rape-issue-5; rape-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. rape-AF decision drafting should resolve aggravated-felony-rape-issue-5; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.

INA §101(a)(43)(A) expressly lists rape as an aggravated felony. rape-AF sentence review should evaluate aggravated-felony-rape-issue-6; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF burden review should address aggravated-felony-rape-issue-6; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF federal-comparator review should verify aggravated-felony-rape-issue-6; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF motion practice should develop aggravated-felony-rape-issue-6; rape-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated.

rape-AF decision drafting should resolve aggravated-felony-rape-issue-6; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF appellate preparation should preserve aggravated-felony-rape-issue-6; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF divisibility review should examine aggravated-felony-rape-issue-6; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF circumstance-specific review should consider aggravated-felony-rape-issue-6; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF relief screening should follow aggravated-felony-rape-issue-6; rape-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately.

rape-AF state-law comparison should test aggravated-felony-rape-issue-6; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF hearing preparation should support aggravated-felony-rape-issue-6; rape-AF certified conviction records should be paired with the specific legal proposition they prove. rape-AF factual audit should revisit aggravated-felony-rape-issue-6; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF analysis should begin with aggravated-felony-rape-issue-6; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. rape-AF record analysis should document aggravated-felony-rape-issue-6; rape-AF charging papers, plea documents, judgment, and sentencing records should be reconciled.

A state offense must be compared with the generic federal aggravated-felony concept rather than classified by label alone. rape-AF state-law comparison should test aggravated-felony-rape-issue-7; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF hearing preparation should support aggravated-felony-rape-issue-7; rape-AF certified conviction records should be paired with the specific legal proposition they prove. rape-AF factual audit should revisit aggravated-felony-rape-issue-7; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF analysis should begin with aggravated-felony-rape-issue-7; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.

rape-AF record analysis should document aggravated-felony-rape-issue-7; rape-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. rape-AF charging analysis should frame aggravated-felony-rape-issue-7; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF chronology should isolate aggravated-felony-rape-issue-7; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF source review should confirm aggravated-felony-rape-issue-7; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF preservation should record aggravated-felony-rape-issue-7; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory.

rape-AF closing argument should synthesize aggravated-felony-rape-issue-7; rape-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. rape-AF categorical review should test aggravated-felony-rape-issue-7; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF sentence review should evaluate aggravated-felony-rape-issue-7; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF burden review should address aggravated-felony-rape-issue-7; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF federal-comparator review should verify aggravated-felony-rape-issue-7; rape-AF statutory cross-references should be checked against the current and historically relevant code.

Consent, force, age, and mens rea elements can affect the categorical analysis. rape-AF closing argument should synthesize aggravated-felony-rape-issue-8; rape-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. rape-AF categorical review should test aggravated-felony-rape-issue-8; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF sentence review should evaluate aggravated-felony-rape-issue-8; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF burden review should address aggravated-felony-rape-issue-8; rape-AF deportability must be established under the governing clear-and-convincing standard.

rape-AF federal-comparator review should verify aggravated-felony-rape-issue-8; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF motion practice should develop aggravated-felony-rape-issue-8; rape-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. rape-AF decision drafting should resolve aggravated-felony-rape-issue-8; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF appellate preparation should preserve aggravated-felony-rape-issue-8; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF divisibility review should examine aggravated-felony-rape-issue-8; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives.

rape-AF circumstance-specific review should consider aggravated-felony-rape-issue-8; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF relief screening should follow aggravated-felony-rape-issue-8; rape-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. rape-AF state-law comparison should test aggravated-felony-rape-issue-8; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF hearing preparation should support aggravated-felony-rape-issue-8; rape-AF certified conviction records should be paired with the specific legal proposition they prove. rape-AF factual audit should revisit aggravated-felony-rape-issue-8; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records.

The rape clause itself does not contain a one-year imprisonment threshold. rape-AF circumstance-specific review should consider aggravated-felony-rape-issue-9; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF relief screening should follow aggravated-felony-rape-issue-9; rape-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. rape-AF state-law comparison should test aggravated-felony-rape-issue-9; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF hearing preparation should support aggravated-felony-rape-issue-9; rape-AF certified conviction records should be paired with the specific legal proposition they prove.

rape-AF factual audit should revisit aggravated-felony-rape-issue-9; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF analysis should begin with aggravated-felony-rape-issue-9; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. rape-AF record analysis should document aggravated-felony-rape-issue-9; rape-AF charging papers, plea documents, judgment, and sentencing records should be reconciled. rape-AF charging analysis should frame aggravated-felony-rape-issue-9; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF chronology should isolate aggravated-felony-rape-issue-9; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.

rape-AF source review should confirm aggravated-felony-rape-issue-9; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF preservation should record aggravated-felony-rape-issue-9; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF closing argument should synthesize aggravated-felony-rape-issue-9; rape-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. rape-AF categorical review should test aggravated-felony-rape-issue-9; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF sentence review should evaluate aggravated-felony-rape-issue-9; rape-AF any imprisonment threshold must be treated as a separate statutory requirement.

The record of conviction matters when a divisible statute contains qualifying and nonqualifying alternatives. rape-AF source review should confirm aggravated-felony-rape-issue-10; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF preservation should record aggravated-felony-rape-issue-10; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF closing argument should synthesize aggravated-felony-rape-issue-10; rape-AF the requested finding should be stated under the correct §101(a)(43) subparagraph. rape-AF categorical review should test aggravated-felony-rape-issue-10; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.

rape-AF sentence review should evaluate aggravated-felony-rape-issue-10; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF burden review should address aggravated-felony-rape-issue-10; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF federal-comparator review should verify aggravated-felony-rape-issue-10; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF motion practice should develop aggravated-felony-rape-issue-10; rape-AF overbreadth, indivisibility, sentence, and circumstance-specific arguments should be separated. rape-AF decision drafting should resolve aggravated-felony-rape-issue-10; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.

rape-AF appellate preparation should preserve aggravated-felony-rape-issue-10; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF divisibility review should examine aggravated-felony-rape-issue-10; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF circumstance-specific review should consider aggravated-felony-rape-issue-10; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF relief screening should follow aggravated-felony-rape-issue-10; rape-AF aggravated-felony consequences for cancellation, asylum, withholding, and waivers should be analyzed separately. rape-AF state-law comparison should test aggravated-felony-rape-issue-10; rape-AF a state label alone should not substitute for element-by-element analysis.

rape-AF chronology should isolate aggravated-felony-rape-practice-11; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF hearing preparation should support aggravated-felony-rape-practice-11; rape-AF certified conviction records should be paired with the specific legal proposition they prove. rape-AF appellate preparation should preserve aggravated-felony-rape-practice-11; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF sentence review should evaluate aggravated-felony-rape-practice-11; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF chronology should isolate aggravated-felony-rape-practice-11; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted.

rape-AF hearing preparation should support aggravated-felony-rape-practice-11; rape-AF certified conviction records should be paired with the specific legal proposition they prove. rape-AF appellate preparation should preserve aggravated-felony-rape-practice-11; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF sentence review should evaluate aggravated-felony-rape-practice-11; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF chronology should isolate aggravated-felony-rape-practice-11; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF hearing preparation should support aggravated-felony-rape-practice-11; rape-AF certified conviction records should be paired with the specific legal proposition they prove.

rape-AF appellate preparation should preserve aggravated-felony-rape-practice-11; rape-AF the record should permit legal review without reconstructing missing conviction documents. rape-AF sentence review should evaluate aggravated-felony-rape-practice-11; rape-AF any imprisonment threshold must be treated as a separate statutory requirement. rape-AF chronology should isolate aggravated-felony-rape-practice-11; rape-AF offense date, conviction date, sentence, admission history, and removal charge should be charted. rape-AF hearing preparation should support aggravated-felony-rape-practice-11; rape-AF certified conviction records should be paired with the specific legal proposition they prove. rape-AF appellate preparation should preserve aggravated-felony-rape-practice-11; rape-AF the record should permit legal review without reconstructing missing conviction documents.

rape-AF analysis should begin with aggravated-felony-rape-practice-12; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. rape-AF circumstance-specific review should consider aggravated-felony-rape-practice-12; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF federal-comparator review should verify aggravated-felony-rape-practice-12; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF preservation should record aggravated-felony-rape-practice-12; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF analysis should begin with aggravated-felony-rape-practice-12; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph.

rape-AF circumstance-specific review should consider aggravated-felony-rape-practice-12; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF federal-comparator review should verify aggravated-felony-rape-practice-12; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF preservation should record aggravated-felony-rape-practice-12; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF analysis should begin with aggravated-felony-rape-practice-12; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. rape-AF circumstance-specific review should consider aggravated-felony-rape-practice-12; rape-AF nonelement facts should be used only when controlling law permits that mode of proof.

rape-AF federal-comparator review should verify aggravated-felony-rape-practice-12; rape-AF statutory cross-references should be checked against the current and historically relevant code. rape-AF preservation should record aggravated-felony-rape-practice-12; rape-AF the respondent should obtain an explicit ruling on the aggravated-felony theory. rape-AF analysis should begin with aggravated-felony-rape-practice-12; rape-AF proof should identify the exact statute of conviction and the aggravated-felony subparagraph. rape-AF circumstance-specific review should consider aggravated-felony-rape-practice-12; rape-AF nonelement facts should be used only when controlling law permits that mode of proof. rape-AF federal-comparator review should verify aggravated-felony-rape-practice-12; rape-AF statutory cross-references should be checked against the current and historically relevant code.

rape-AF state-law comparison should test aggravated-felony-rape-practice-13; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF decision drafting should resolve aggravated-felony-rape-practice-13; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF categorical review should test aggravated-felony-rape-practice-13; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF charging analysis should frame aggravated-felony-rape-practice-13; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF state-law comparison should test aggravated-felony-rape-practice-13; rape-AF a state label alone should not substitute for element-by-element analysis.

rape-AF decision drafting should resolve aggravated-felony-rape-practice-13; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF categorical review should test aggravated-felony-rape-practice-13; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF charging analysis should frame aggravated-felony-rape-practice-13; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF state-law comparison should test aggravated-felony-rape-practice-13; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF decision drafting should resolve aggravated-felony-rape-practice-13; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence.

rape-AF categorical review should test aggravated-felony-rape-practice-13; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense. rape-AF charging analysis should frame aggravated-felony-rape-practice-13; rape-AF DHS must connect the conviction to the precise aggravated-felony clause alleged. rape-AF state-law comparison should test aggravated-felony-rape-practice-13; rape-AF a state label alone should not substitute for element-by-element analysis. rape-AF decision drafting should resolve aggravated-felony-rape-practice-13; rape-AF the order should identify the conviction, statutory match, threshold fact, and resulting immigration consequence. rape-AF categorical review should test aggravated-felony-rape-practice-13; rape-AF the minimum criminalized conduct should be compared with the generic or incorporated federal offense.

rape-AF divisibility review should examine aggravated-felony-rape-practice-14; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF burden review should address aggravated-felony-rape-practice-14; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF source review should confirm aggravated-felony-rape-practice-14; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF factual audit should revisit aggravated-felony-rape-practice-14; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF divisibility review should examine aggravated-felony-rape-practice-14; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives.

rape-AF burden review should address aggravated-felony-rape-practice-14; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF source review should confirm aggravated-felony-rape-practice-14; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF factual audit should revisit aggravated-felony-rape-practice-14; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF divisibility review should examine aggravated-felony-rape-practice-14; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF burden review should address aggravated-felony-rape-practice-14; rape-AF deportability must be established under the governing clear-and-convincing standard.

rape-AF source review should confirm aggravated-felony-rape-practice-14; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession. rape-AF factual audit should revisit aggravated-felony-rape-practice-14; rape-AF assumptions about sentence or monetary amount should be replaced with reliable records. rape-AF divisibility review should examine aggravated-felony-rape-practice-14; rape-AF the record of conviction should be used only when the statute contains legally distinct alternatives. rape-AF burden review should address aggravated-felony-rape-practice-14; rape-AF deportability must be established under the governing clear-and-convincing standard. rape-AF source review should confirm aggravated-felony-rape-practice-14; rape-AF current Supreme Court, BIA, statutory, and circuit authority should be checked before concession.