Aggravated Felonies



 
 

§ 5.25 b. By its Nature

 
Skip to § 5.

For more text, click "Next Page>"

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.

 

TRANSLATE