Aggravated Felonies in Immigration Law
“Aggravated felony” is a federal immigration classification—not simply any offense called a felony under state law. Some state misdemeanors can qualify, and some felonies do not.
Offenses covered by INA § 101(a)(43)
The statutory categories include murder, rape, sexual abuse of a minor, drug trafficking, certain firearms trafficking and offenses, money laundering exceeding statutory thresholds, certain crimes of violence, qualifying theft and burglary crimes, fraud or deceit involving losses exceeding $10,000, some obstruction offenses, and other specifically defined crimes. Attempt and conspiracy may also be covered. Each category has its own precise elements and sometimes a sentence or loss threshold.
Why the classification matters
An aggravated-felony conviction generally creates deportability under INA § 237(a)(2)(A)(iii), often results in mandatory detention under applicable rules, bars ordinary asylum, and sharply restricts cancellation of removal and other forms of relief. Withholding of removal can face additional particularly-serious-crime restrictions; CAT deferral may remain available in qualifying circumstances.
One-year sentence traps
Some categories, such as certain theft, burglary, and crime-of-violence offenses, require a term of imprisonment of at least one year. For immigration purposes, a suspended term can still count. A sentence of 365 days can have a dramatically different effect from a shorter sentence, although whether the particular statutory ground applies requires separate analysis.
How convictions are challenged
We review whether the state or federal offense actually fits the federal definition, whether the record establishes a qualifying conviction, the imposed sentence, and possible appeal or post-conviction remedies. A label in an immigration charging document is not conclusive.
Related topics
- Criminal Convictions and Immigration Consequences
- Crimes Involving Moral Turpitude (CIMTs)
- Drug Crimes and Immigration Consequences
- Domestic Violence, Child Abuse, and Immigration
- Firearms Offenses and Immigration
- Other Criminal Grounds of Inadmissibility
- Criminal Inadmissibility Waivers and Post-Conviction Options
Legal references
- 8 U.S.C. § 1182 — criminal inadmissibility
- 8 U.S.C. § 1227 — criminal deportability
- 8 U.S.C. § 1101 — definitions and aggravated felonies
- U.S. Department of State — criminal ineligibilities
General legal information; not a prediction of eligibility or outcome. Criminal and immigration law change, and individual analysis is essential.