The 11th Circuit Court of Appeals has just reversed a decision of the Board of Immigration Appeals finding that a conviction for the extortionate extension of credit under 18 U.S.C. § 892(a) is not categorically a crime of violence under 18 U.S.C. § 16, and therefore not an aggravated felony under INA §101(a)(43)(F).
The 11th ruled that the Statute covers offenses that do not constitute crimes of violence and remanded the case back to the BIA for a proper analysis. See Accardo v. U.S. Att’y Gen., 3/10/11, No. 09-15446 (11th Cir.).
Click here to read the decision.
Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).