Offense
Residual sentencing factor
This broad category is: “Any other factors statutorily declared to be circumstances in aggravation or that reasonably relate to the defendant or the circumstances under which the crime was committed.”
Aggravated Felony (AF)
See advice.
Crime Involving Moral Turpitude (CIMT)
See advice.
Other Removal Grounds
See advice.
Advice and Comments
Consult an expert on the specific allegations being considered.
DHS may argue that as factors which increase the sentence exposure, aggravating circumstances can trigger immigration penalties even if the underlying count is not a removal ground. For example, stipulating to a factor in aggravation that describes conduct constituting an AF, CIMT, CSO, crime of domestic violence or child abuse, or violation of a DV protection order, etc. may trigger removability.
See discussion and endnote at 4.421(a) for more analysis.