In a decision on June 27, 2024, a court ruled on the case of Cordero-Garcia v. Garland. The issue of aggravated felony immigration was central to the court’s findings. The court found that a conviction under California Penal Code §136.1(b)(1) is an aggravated felony. This California law criminalizes stopping someone from reporting a crime. The court held that it is an “offense relating to obstruction of justice” under the Immigration and Nationality Act (INA).
Aggravated Felony — definition, common examples, and immigration consequences
“Aggravated felony” is a term of art in immigration law that triggers some of the harshest consequences a noncitizen can face: mandatory deportability in many cases, ineligibility for cancellation of removal and many other forms of relief, mandatory detention in removal proceedings, and permanent bars to naturalization and reentry. The Immigration and Nationality Act (INA §101(a)(43)) lists dozens of categories that can qualify as aggravated felonies.
Short definition & legal framework
- Statutory list: INA §101(a)(43) enumerates many categories (drug trafficking, theft/burglary with 1+ year sentence, fraud with loss > $10,000, sexual abuse of a minor, etc.).
- Categorical approach: courts compare the statute’s elements to the federal “generic” offense; this is a technical inquiry that decides if the conviction “categorically” fits the aggravated-felony definition.
Practical screening steps
- Obtain certified conviction records, plea colloquies, and sentencing documents.
- Run a categorical/divisible analysis and review applicable circuit precedent.
- Coordinate criminal-plea strategy to minimize immigration exposure where possible.
We provide conviction audits, plea-negotiation recommendations, and immigration litigation strategies to protect clients exposed to aggravated-felony consequences.