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Keywords

statutefelonycommon lawliens
statutefelonyliens

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Richards v. Ashcroft

Facts

Richards, a citizen of Jamaica, entered the United States on March 13, 1981. On April 2, 2001, he was issued a notice of removal proceedings based on a 1995 conviction for third-degree assault, which the INS alleged constituted an aggravated felony. On April 26, 2001, Richards was convicted of second-degree forgery under Connecticut General Statute 53a-139 and sentenced to two years imprisonment. The INS amended the charge of removability to include the forgery conviction as an additional aggravated felony.

Richards, a citizen of Jamaica, entered the United States on March 13, 1981. On April 2, 2001, he was issued a notice of removal proceedings based on a 1995 conviction for third-degree assault, which the INS alleged constituted an aggravated felony. On April 26, 2001, Richards was convicted of second-degree forgery under Connecticut General Statute 53a-139 and sentenced to two years imprisonment.

Issue

Whether Richards' conviction for second-degree forgery under Connecticut law constitutes an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(R).

Whether Richards' conviction for second-degree forgery under Connecticut law constitutes an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(R).

Rule

Section 237 of the INA, 8 U.S.C. 1227(a)(2)(A)(iii), authorizes the removal of aliens who have committed an 'aggravated felony,' as defined at 8 U.S.C. 1101(a)(43). Subparagraph (R) of 1101(a)(43) includes any 'offense relating to . . . forgery . . . for which the term of imprisonment is at least one year.'

Section 237 of the INA, 8 U.S.C. 1227(a)(2)(A)(iii), authorizes the removal of aliens who have committed an 'aggravated felony,' as defined at 8 U.S.C. 1101(a)(43). Subparagraph (R) of 1101(a)(43) includes any 'offense relating to . . . forgery . . . for which the term of imprisonment is at least one year.'

Analysis

The court applied a categorical approach to determine whether Richards' conviction fell within the INA's definition of 'aggravated felony.' It concluded that Connecticut General Statute 53a-139 punishes conduct that is covered by 8 U.S.C. 1101(a)(43)(R), as it criminalizes possession of forged instruments with intent to defraud, which discourages the underlying crime. The court noted that even if possession of a forged instrument is not 'forgery' as defined at common law, it is still an offense 'relating to' forgery.

The court applied a categorical approach to determine whether Richards' conviction fell within the INA's definition of 'aggravated felony.' It concluded that Connecticut General Statute 53a-139 punishes conduct that is covered by 8 U.S.C. 1101(a)(43)(R), as it criminalizes possession of forged instruments with intent to defraud, which discourages the underlying crime.

Conclusion

The court affirmed the district court's judgment, holding that Richards' conviction for second-degree forgery constituted an aggravated felony under the INA.

The court affirmed the district court's judgment, holding that Richards' conviction for second-degree forgery constituted an aggravated felony under the INA.

Who won?

The government prevailed in the case because the court affirmed the district court's conclusion that Richards' conviction for second-degree forgery was an aggravated felony under the INA.

The government prevailed in the case because the court affirmed the district court's conclusion that Richards' conviction for second-degree forgery was an aggravated felony under the INA.

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