A Practice Guide to Aggravated Felony Issues in the Wake of Nijhawan
The Immigrant Defense Project and National Immigration Project of the National Lawyer's Guild have prepared a paper that you may find useful: The Impact of Nijhawan v. Holder on Application of the Categorical Approach to Aggravated Felony Determinations (June 24, 2009). In it you'll find:
- a discussion of the background, reasoning, and holding of Nijhawan,
- strategies for defending aliens facing fraud charges,
- ways to use Nijhawan to limit the reach of other aggravated felony categories (intriguingly, the paper argues that the Fifth Circuit's position on the subsequent-simple-possession-as-aggravated-felony issue is inconsistent with Nijwahan), and
- a handy appendix setting out the likely analytical approach (categorical vs. circumstance-specific) for each aggravated felony listed in 8 U.S.C. § 1101(a)(43).