(A)  Elements of the Aggravated Felony Category.  The statute includes as an aggravated felony “an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed . . . .”[556]   This category therefore has the following elements:

 

            (1)  a conviction of an offense

            (2)  relating to a failure to appear

            (3)  before a court

            (4)  pursuant to a court order

            (5)  to answer to or dispose of a charge

            (6)  of a felony

            (7)  for which two years imprisonment or more may be imposed.

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

Ninth Circuit

AGGRAVATED FELONY - FAILURE TO APPEAR
Renteria-Morales v. Mukasey, 532 F.3d 949 (9th Cir. Jul. 10, 2008) (federal conviction for failure to appear in court, in violation of 18 U.S.C. 3146 is not categorically an aggravated felony as defined by INA 101(a)(43)(Q) or (T); under the modified categorical approach, court was allowed to look to the record of conviction to determine the maximum punishment allowed for the underlying convictions and to determine whether the failure to appear was pursuant to "service of a sentence" or to "answer to or dispose of a charge of a felony.").

Lower Courts of Ninth Circuit

AGGRAVATED FELONY " FAILURE TO APPEAR " CALIFORNIA ELEMENTS
People v. Carroll, 222 Cal.App.4th 1406, 167 Cal.Rptr.3d 60 (3d Dist. Jan. 15, 2014) (affirming conviction of failing to appear in court while on "own recognizance" (OR) release, in violation of Penal Code 1320, where the OR release agreement defendant signed substantially complies with Penal Code 1318).