Aggravated Felonies
§ 5.25 b. By its Nature
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This is a requirement that the categorical analysis be applied. In Leocal v. Ashcroft,[175] the Supreme Court reaffirmed the necessity to analyze the elements of the offense of conviction, rather than to look to the facts of the underlying conduct involved: “This language requires us to look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to petitioner’s crime.”[176] See § § 4.2-4.7, supra.
[175] Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (Nov. 9, 2004).
[176] Id. at 381.