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State Felon-In-Possession Offense is Aggravated Felony, Despite Lack of Interstate Commerce Element

Nieto Hernandez v. Holder, No. 09-60261 (5th Cir. Dec. 30, 2009) (King, Davis, Haynes)In short:Nieto argues that the BIA erred in finding that his firearms conviction under [Texas Penal Code] § 46.04(a) was an ?aggravated felony? under 8 U.S.C. § 1101(a)(43)(E)(ii), which defines ?aggravated felony? as including an offense ?described in? 18 U.S.C. § 922(g)(1). Nieto argues that his firearms

Full post as published by Fifth Circuit Blog on January 06, 2010 (boomark / email).