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Aggravated felony

Index Aggravated felony

The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. [1]

28 relations: Alien (law), Almendarez-Torres v. United States, Antiterrorism and Effective Death Penalty Act of 1996, Asylum in the United States, Citizenship, Citizenship of the United States, Classes of offenses under United States federal law, Cruel and unusual punishment, Deportation, Drunk driving in the United States, Eighth Amendment to the United States Constitution, Expedited removal, Felony, Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Immigration and Nationality Act of 1965, Leocal v. Ashcroft, Lopez v. Gonzales, Mens rea, Moral turpitude, Murder, Parole (United States immigration), Permanent residency, Sessions v. Dimaya, Sixth Amendment to the United States Constitution, Supreme Court of the United States, United Nations Convention against Torture, United States Federal Sentencing Guidelines, Violent crime.

Alien (law)

In law, an alien is a person who is not a national of a given country, though definitions and terminology differ to some degree.

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Almendarez-Torres v. United States

Almendarez-Torres v. United States,, was a decision by the United States Supreme Court which confirmed that a sentencing enhancement based on a prior conviction was not subject to the Sixth Amendment requirement for a jury to determine the fact beyond a reasonable doubt.

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Antiterrorism and Effective Death Penalty Act of 1996

The Antiterrorism and Effective Death Penalty Act of 1996, Pub.

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Asylum in the United States

The United States recognizes the right of asylum for individuals as specified by international and federal law.

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Citizenship

Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation.

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Citizenship of the United States

Citizenship of the United States is a status that entails specific rights, duties and benefits.

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Classes of offenses under United States federal law

The classes of offenses under United States federal law are as follows.

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Cruel and unusual punishment

Cruel and unusual punishment is a phrase describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it.

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Deportation

Deportation is the expulsion of a person or group of people from a place or country.

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Drunk driving in the United States

Drunk driving is the act of operating a motor vehicle while the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit.

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Eighth Amendment to the United States Constitution

The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

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Expedited removal

Expedited removal is the term for a process related to immigration enforcement in the United States during which a non-citizen is denied entry to and/or physically removed from the United States, without going through removal proceedings (which involve a hearing before an immigration judge).

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Felony

The term felony, in some common law countries, is defined as a serious crime.

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Illegal Immigration Reform and Immigrant Responsibility Act of 1996

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of (often referred to as "i-RAI-ruh," and sometimes abbreviated as "IIRAIRA" or "IIRIRA") vastly changed the immigration laws of the United States.

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Immigration and Nationality Act of 1965

The Immigration and Nationality Act of 1965 (H.R. 2580), also known as the Hart–Celler Act, changed the way quotas were allocated by ending the National Origins Formula that had been in place in the United States since the Emergency Quota Act of 1921.

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Leocal v. Ashcroft

Leocal v. Ashcroft,, held that aliens may not be deported after being convicted of DUI if the DUI statute that defines the offense does not contain a mens rea element or otherwise allows a conviction for merely negligent conduct.

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Lopez v. Gonzales

Lopez v. Gonzales, 549 U.S. 47 (2006), held that an "aggravated felony" includes only conduct punishable as a felony under the federal Controlled Substances Act, regardless of whether state law classifies such conduct as a felony or a misdemeanor.

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Mens rea

Mens rea (Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed.

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Moral turpitude

Moral turpitude is a legal concept in the United States and some other countries that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community".

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Murder

Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought.

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Parole (United States immigration)

In United States immigration law, the term parole has two different meanings.

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Permanent residency

Permanent residency refers to a person's resident status in a country of which they are not a citizen.

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Sessions v. Dimaya

Sessions v. Dimaya,, was a United States Supreme Court case in which the Court held that, a statute defining certain "aggravated felonies" for immigration purposes, is unconstitutionally vague.

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Sixth Amendment to the United States Constitution

The Sixth Amendment (Amendment VI) to the United States Constitution is the part of the United States Bill of Rights that sets forth rights related to criminal prosecutions.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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United Nations Convention against Torture

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention against Torture (UNCAT)) is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

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United States Federal Sentencing Guidelines

The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the United States federal courts system.

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Violent crime

A violent crime or crime of violence is a crime in which an offender or perpetrator uses or threatens to use force upon a victim.

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Redirects here:

8 U.S.C. § 1101(a)(43), 8 U.S.C. § 1101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(C), 8 U.S.C. § 1101(a)(43)(D), 8 U.S.C. § 1101(a)(43)(E), 8 U.S.C. § 1101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(H), 8 U.S.C. § 1101(a)(43)(I), 8 U.S.C. § 1101(a)(43)(J), 8 U.S.C. § 1101(a)(43)(K), 8 U.S.C. § 1101(a)(43)(L), 8 U.S.C. § 1101(a)(43)(M), 8 U.S.C. § 1101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(O), 8 U.S.C. § 1101(a)(43)(P), 8 U.S.C. § 1101(a)(43)(Q), 8 U.S.C. § 1101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(T), 8 U.S.C. § 1101(a)(43)(U), 8 USC § 1101(a)(43), 8 USC § 1101(a)(43)(A), 8 USC § 1101(a)(43)(B), 8 USC § 1101(a)(43)(C), 8 USC § 1101(a)(43)(D), 8 USC § 1101(a)(43)(E), 8 USC § 1101(a)(43)(F), 8 USC § 1101(a)(43)(G), 8 USC § 1101(a)(43)(H), 8 USC § 1101(a)(43)(I), 8 USC § 1101(a)(43)(J), 8 USC § 1101(a)(43)(K), 8 USC § 1101(a)(43)(L), 8 USC § 1101(a)(43)(M), 8 USC § 1101(a)(43)(N), 8 USC § 1101(a)(43)(O), 8 USC § 1101(a)(43)(P), 8 USC § 1101(a)(43)(Q), 8 USC § 1101(a)(43)(R), 8 USC § 1101(a)(43)(S), 8 USC § 1101(a)(43)(T), 8 USC § 1101(a)(43)(U), INA § 101(a)(43), INA § 101(a)(43)(A), INA § 101(a)(43)(B), INA § 101(a)(43)(C), INA § 101(a)(43)(D), INA § 101(a)(43)(E), INA § 101(a)(43)(F), INA § 101(a)(43)(G), INA § 101(a)(43)(H), INA § 101(a)(43)(I), INA § 101(a)(43)(J), INA § 101(a)(43)(K), INA § 101(a)(43)(L), INA § 101(a)(43)(M), INA § 101(a)(43)(N), INA § 101(a)(43)(O), INA § 101(a)(43)(P), INA § 101(a)(43)(Q), INA § 101(a)(43)(R), INA § 101(a)(43)(S), INA § 101(a)(43)(T), INA § 101(a)(43)(U).

References

[1] https://en.wikipedia.org/wiki/Aggravated_felony

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