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Failure to Appear is An Aggravated Felony

An amended decision published May 2, 2016, Matter of ADENIYE, 26 I&N Dec. 726 (BIA 2016) states, “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012)."

This only applies if the underlying offense was "punishable by" imprisonment for a term of 5 years or more, regardless of the penalty actually ordered or imposed. Even if the term of imprisonment is only several days it will still be an aggravated felony under INA §101(a)(43)(Q) if the max penalty could have exceeded 5 years imprisonment.

Read the full decision on the DOJ website: Matter of ADENYIYE

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