(A)  Elements of the Aggravated Felony Category.  The statute includes as an aggravated felony “an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more . . . .”[561]  This category has the following elements:

 

            (1)  a conviction of an offense

            (2)  relating to a failure to appear by a defendant

            (3)  for service of a sentence

(4)  if the underlying offense is punishable by five years or more imprisonment.

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

Ninth Circuit

AGGRAVATED FELONY - FAILURE TO APPEAR - FAILURE TO APPEAR
Renteria-Morales v. Mukasey, 551 F.3d 1076 (9th Cir. Dec. 12, 2008), withdrawing previous opinion, 532 F.3d 949 (9th Cir. July 10, 2008) (federal conviction of failure to appear, in violation of 18 U.S.C. 3146, is broader than the aggravated felony definition of failure to appear, under INA 101(a)(43)(T), since 18 U.S.C. 3146 can be violated by failing to appear for a misdemeanor, for reasons other than to dispose of a charge, and based upon orders other than those issued by a court).

AGGRAVATED FELONY - FAILURE TO APPEAR
Renteria-Morales v. Mukasey, 551 F.3d 1076 (9th Cir. Dec. 12, 2008), withdrawing previous opinion, 532 F.3d 949 (9th Cir. July 10, 2008) ("The subsection includes any offense "relating to" the following elements: (1) a failure to appear before a court; (2) pursuant to a court order; (3) to answer to or dispose of a charge of a felony; (4) where the felony was one for which a sentence of two years' imprisonment or more may be imposed.").