Thursday, August 03, 2006

Bobb: Federal Forgery Conviction can be Aggravated Felony and is not a Hybrid Offense

Bobb v. Gonzales
No. 05-2891
August 3, 2006

For now a brief description: a federal conviction for forgery under 18 USC 510(a)(2) is a crime involving fraud that can be an aggravated felony, whether it is based on a definition in subsection (M)(i) or in subsection (R). Next, the federal conviction for forgery is not a hybrid offense. That's too bad because if something is a hybrid offense, it is a combination of two sets of requirements and immigration would have to prove all of the elements from both sets. Sadly, the Third Circuit ruled that (R) crimes are a subset of (M)(i) crimes and that all immigration needs to prove is that the conduct was a crime under (M)(i). This complex principle of hybrid offenses was explained in Nugent v. Ashcroft, 367 F.3d 162 (3d Cir. 2004). It's pretty complicated.


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