(A)  The One-Year List.  The following offenses, in alphabetical order, constitute aggravated felonies only if custody of one year or more was ordered by the sentencing court.[211]

accessory after the fact[212]

bribery of a witness[213]

burglary[214]

commercial bribery[215]

counterfeiting[216]

crimes of violence[217]

document fraud[218]

forgery[219]

obstruction of justice[220]

perjury[221]

receipt of stolen property[222]

subornation of perjury[223]

theft[224]

trafficking in vehicles with altered identification numbers[225]

[211] See INA § § 101(a)(43)(F), (G), (J), (R), (S).  8 U.S.C. § § 1101(a)(43)(F), (G), (J), (R), (S).

[212] This offense is considered an “obstruction of justice offense.”  Matter of Batista-Hernandez, 21 I. & N. Dec. 955 (BIA 1997); INA § 101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(S).

[213] INA § 101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(S).

[214] INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G).

[215] INA § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R).

[216] INA § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R).

[217] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).

[218] INA § 101(a)(43)(P), 8 U.S.C. § 1101(a)(43)(P).

[219] INA § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R).

[220] INA § 101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(S).

[221] INA § 101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(S).

[222] INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G).

[223] INA § 101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(S).

[224] INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G).

[225] INA § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R).

Fifth Circuit

DEFINITION OF FELONY - MISDEMEANOR CONVICTION PUNISHABLE BY UP TO 18 MONTHS IMPRISONMENT IS A FELONY FOR IMMIGRATION PURPOSES AGGRAVATED FELONY - CONTROLLED SUBSTANCES OFFENSES - COLORADO MISDEMEANOR SIMPLE POSSESSION PUNISHABLE BY UP TO 18 MONTHS IMPRISONMENT IS AN AGGRAVATED FELONY
U.S. v. Sanchez-Villalobos, __ F.3d __, 2005 WL 1332244 (5th Cir. June 7, 2005) (misdemeanor simple possession, under Colorado Colo.Rev.Stat. 18-1.3- 501(1), punishable by up to 18 months imprisonment is an aggravated felony for sentencing purposes, as it is punishable by imprisonment for more than one year).

Ninth Circuit

AGGRAVATED FELONY " SENTENCE IMPOSED " ONE YEAR IS DEFINED AS 365 DAYS, REGARDLESS OF LEAP YEARS
Habibi v. Holder, 658 F.3d 977 (9th Cir. Sept. 14, 2011) (the phrase "one year" is defined as 365 days, regardless of leap years; noncitizen was deportable for aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), even though his sentence was served during a leap year).

AGGRAVATED FELONY " THEFT OFFENSE " COMMERCIAL BURGLARY
Hernandez-Cruz v. Holder, ___ F.3d ___ (9th Cir. Jul. 7, 2011) (California conviction of second-degree commercial burglary, in violation of Penal Code 459, did not categorically constitute an attempted theft aggravated felony, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), because 459 criminalizes conduct beyond generic attempted theft offenses"for example, entering a locked vehicle with the intent to commit not theft, but arson or vandalism. . . . Because one can be convicted under 459 for a crime that does not qualify as generic attempted theft, the statute is not a categorical match for the generic aggravated felony offense.); Ngaeth v. Mukasey, 545 F.3d 796, 800, 801 (9th Cir. 2008) (per curiam).

Other

RESOURCES " FEDERAL CONVICTIONS " CHART OF FELONY AND MISDEMEANOR OFFENSES
Felony and Misdemeanor Federal Chart as prepared by Federal Defender office: http://ms.fd.org/maxpenalties/maxpenalties.pdf

SENTENCE - SENTENCE IMPOSED - 12 MONTHS EQUALS ONE YEAR
12 months equals one year in immigration court. See Drakes v. Zimski, 240 F.3d 246, 251 (3d Cir. 2001); United States v. Christopher, 239 F.3d 1191, 1193 (11th Cir. 2001).