Table of Contents
- What an Aggravated Felony Means Under Immigration Law
- How the INA Defines Aggravated Felonies
- Arizona Convictions That May Qualify as Aggravated Felonies
- Aggravated Felony and Green Card Eligibility
- Immigration Consequences of a Plea Deal
- Deportability, Removal, and Loss of Relief
- Aggravated Felony Removal Defense and Your Options
- Protecting Your Family and Planning Ahead
- Frequently Asked Questions
Last Updated: October 12, 2026
What an Aggravated Felony Means Under Immigration Law
An aggravated felony immigration conviction is a criminal conviction that triggers mandatory deportation and eliminates most forms of legal relief for non-citizens. Unlike other criminal convictions that may allow for discretionary relief or cancellation of removal, an aggravated felony conviction removes nearly all options for staying in the United States.
The term “aggravated felony” is a technical immigration classification, not a state criminal law designation. A conviction can be classified as an aggravated felony even if the state calls it a misdemeanor or a lesser offense.
The consequences of an aggravated felony conviction are severe and largely irreversible. A lawful permanent resident convicted of an aggravated felony becomes deportable immediately and loses eligibility for cancellation of removal, asylum, and most other discretionary relief. Even a green card holder with decades of residence, a U.S. citizen spouse, and U.S. citizen children can be removed based on a single aggravated felony conviction.
How the INA Defines Aggravated Felonies
The Immigration and Nationality Act (INA) defines aggravated felonies in Section 101(a)(43). This federal statute lists 16 categories of crimes that qualify as aggravated felonies, ranging from crimes of violence to drug trafficking offenses. The INA’s definition does not defer to state law; instead, it uses federal categorical definitions that apply uniformly across all 50 states.
According to the U.S. Department of Justice’s immigration offense guidance, federal courts apply the “categorical approach” to determine whether a state conviction fits an INA aggravated felony category. Under this approach, courts examine the statutory elements of the state offense, not the facts of the individual case. If the state statute is broader than the federal definition, courts may apply the “modified categorical approach,” looking to charging documents, plea agreements, or sentencing records to determine what specific conduct the defendant was convicted of.
Crimes That Make You Deportable
The INA’s list of aggravated felonies includes crimes of violence, theft offenses, drug trafficking, fraud, and crimes involving moral turpitude with a sentence of one year or longer. A crime of violence includes offenses with force or threat of force as an element. Theft offenses and burglary carry aggravated felony consequences regardless of sentence length in many cases. Drug trafficking convictions, even simple possession with intent to distribute, qualify as aggravated felonies under federal law.
The moral turpitude category captures fraud, theft, and dishonesty offenses when the sentence imposed is one year or more. This category has expanded significantly through case law. A conviction for writing bad checks, filing false tax returns, or identity theft can all constitute crimes of moral turpitude. The one-year sentence threshold is crucial: a conviction with a suspended sentence of exactly one year or more triggers aggravated felony status, even if the defendant serves no time in custody.
Arizona Convictions That May Qualify as Aggravated Felonies
Arizona criminal statutes frequently align with federal aggravated felony categories, but the alignment is not always obvious from the statute’s name or the offense’s state classification.
Arizona theft offenses, including robbery and burglary, frequently trigger aggravated felony consequences. A conviction for robbery under A.R.S. § 13-1901 involves force or threat of force and qualifies as a crime of violence.
The challenge in Arizona cases is that state statutes often contain alternative elements. If an Arizona statute allows conviction based on multiple different factual scenarios, some of which would qualify as aggravated felonies and others that would not, courts must examine the specific conviction record to determine which scenario applied.
Aggravated Felony and Green Card Eligibility
A lawful permanent resident convicted of an aggravated felony is deportable and ineligible for cancellation of removal, the primary form of discretionary relief available to long-term residents. Cancellation of removal requires ten years of continuous physical presence, good moral character, and lack of conviction for an aggravated felony or certain other crimes (Executive Office for Immigration Review).
Green card holders face mandatory detention after an aggravated felony conviction. The government is not required to set bond, and detention can continue throughout the removal proceedings. This mandatory detention applies even to individuals with strong community ties, family relationships, and no flight risk.
Asylum eligibility is also barred for aggravated felony convicts. Even if a person’s home country persecutes people from their political group or religion, an aggravated felony conviction makes them ineligible for asylum protection. This bar is absolute and applies regardless of the severity of persecution risk.
Immigration Consequences of a Plea Deal
The immigration consequences of a plea deal depend entirely on the specific offense charged and the conviction record created by the plea. A criminal defense attorney who does not consider immigration consequences when negotiating a plea may inadvertently accept an aggravated felony conviction. This is why coordination between criminal defense counsel and immigration counsel is essential before any guilty plea.
Many plea agreements involve pleading to a lesser charge to avoid trial risk or a longer sentence. However, a lesser charge may still constitute an aggravated felony under immigration law.
Sentence length is critical in plea negotiations. A conviction with a suspended sentence of one year or more triggers aggravated felony status for many offenses. A defendant offered a choice between probation with a one-year suspended sentence and a shorter sentence with actual incarceration should understand that the one-year suspended sentence may have worse immigration consequences than serving shorter time.
| Plea Scenario | Criminal Outcome | Immigration Consequence | Relief Available |
|---|---|---|---|
| Plead to misdemeanor, no jail | Minimal criminal penalty | Depends on offense type and sentence | May retain cancellation eligibility |
| Plead to felony, one-year suspended | Probation, no incarceration | Aggravated felony if offense matches INA category | Deportable, no cancellation available |
| Plead to lesser felony, shorter sentence | Reduced criminal exposure | Depends on modified categorical analysis | May retain some relief options |
| Reject plea, convicted at trial | Harsher sentence risk | Harsher sentence increases aggravated felony risk | Fewer relief options post-conviction |
Deportability, Removal, and Loss of Relief
A conviction for an aggravated felony immigration offense renders a non-citizen deportable under the INA.
Removal proceedings begin when the Department of Homeland Security issues a Notice to Appear (NTA). The NTA charges the non-citizen with deportability based on the aggravated felony conviction and other grounds.
For aggravated felony convicts, relief from removal is extremely limited. Cancellation of removal is barred. Asylum is barred. Withholding of removal, a relief that prevents deportation to a country where the person faces torture or persecution, is also barred for aggravated felony convicts.
The loss of relief options means that an aggravated felony convict facing removal has virtually no legal mechanism to remain in the United States. The conviction itself triggers removal, and the conviction bars the defenses that might otherwise prevent deportation.
Aggravated Felony Removal Defense and Your Options
Post-conviction relief offers limited opportunities to challenge an aggravated felony conviction in immigration proceedings.
A common defense strategy is to argue that the state conviction does not categorically match the federal aggravated felony definition. This defense requires detailed analysis of the state statute, the charging documents, and the plea colloquy.
Post-conviction relief through state courts is another avenue. If a state conviction was obtained unconstitutionally or if the defendant received ineffective assistance of counsel, state post-conviction proceedings may vacate or modify the conviction. However, state post-conviction relief is generally difficult to obtain and requires showing that the criminal conviction itself was defective.
The Executive Office for Immigration Review’s removal proceedings guidance clarifies that immigration judges have no authority to overturn criminal convictions. The conviction must be challenged in state court, and only after state remedies are exhausted can the immigration consequences be addressed in removal proceedings.
Protecting Your Family and Planning Ahead
Families facing a member’s criminal charges or aggravated felony conviction must plan for multiple scenarios. If deportation is likely, family members should understand the consequences for visa sponsorship, inheritance, and custody.
Estate planning becomes critical when a family member faces deportation. A non-citizen parent should execute a will, designate guardians for minor children, and establish trusts to protect assets and ensure that children’s needs are met if the parent is removed.
Consulting with both criminal defense counsel and immigration counsel before accepting any plea is essential. At Kanu & Associates, P.C., we work with criminal defense attorneys to evaluate the immigration consequences of proposed plea agreements.
Understanding the immigration consequences of an aggravated felony conviction is essential for anyone facing criminal charges or removal proceedings.
Frequently Asked Questions
What is an aggravated felony under U.S. immigration law?
An aggravated felony is a specific category of crime defined in the Immigration and Nationality Act (INA) section 101(a)(43) that carries severe immigration consequences. It includes crimes of violence, theft offenses, drug trafficking, fraud, and other serious offenses. The classification depends on the statutory elements of the conviction, not just the name of the crime. A conviction classified as an aggravated felony makes a person deportable and ineligible for most forms of relief from removal.
Can someone with an aggravated felony conviction apply for a green card?
No. An aggravated felony conviction makes a person deportable and bars eligibility for cancellation of removal, asylum, voluntary departure, and most other discretionary relief. A person with an aggravated felony conviction cannot adjust status to become a lawful permanent resident (green card holder). If you already hold a green card and are convicted of an aggravated felony, you become removable and face deportation proceedings.
What crimes count as aggravated felonies for immigration purposes in Arizona?
Under federal immigration law, aggravated felonies include crimes of violence, theft offenses (including burglary and robbery), drug trafficking, fraud (including tax evasion and money laundering), and certain other offenses. In Arizona, convictions under statutes like A.R.S. § 13-1501 (murder), § 13-1502 (manslaughter), § 13-1211 (robbery), § 13-3405 (drug trafficking), and § 13-2310 (burglary) may qualify as aggravated felonies depending on the statutory elements and facts of the case.
Should I speak with an immigration lawyer before accepting a plea deal?
Yes, absolutely. A plea agreement in a criminal case can have permanent immigration consequences, including deportation. The sentence length, suspended sentence, and specific offense elements all affect whether a conviction will be classified as an aggravated felony. An attorney who understands both criminal law and immigration law can review the plea terms and advise you on the immigration consequences before you accept. This is one of the most critical decisions you can make if you are not a U.S. citizen.
Can an aggravated felony conviction be challenged or reduced?
Possibly, through post-conviction relief in criminal court. If the conviction was obtained through error, ineffective assistance of counsel, or changed law, you may be able to file a motion to vacate, modify, or withdraw the plea. Successful post-conviction relief can remove or reduce a conviction, which may eliminate the aggravated felony classification and restore eligibility for immigration relief. This requires working with both a criminal defense attorney and an immigration attorney.
What is the difference between an aggravated felony and an aggravated assault?
Aggravated assault is a specific Arizona crime (A.R.S. § 13-1204) involving intentional or reckless injury to another person. Aggravated felony is a federal immigration classification that applies to a broad category of serious crimes. While some aggravated assaults may qualify as crimes of violence under immigration law, not all aggravated assaults are classified as aggravated felonies. The immigration consequence depends on the statutory elements and facts, not the name of the offense.
Does an aggravated felony conviction automatically lead to deportation?
An aggravated felony conviction makes a person deportable, but deportation is not automatic. The person must be placed in removal proceedings by immigration authorities. However, if you are convicted of an aggravated felony, you become removable and ineligible for cancellation of removal, asylum, voluntary departure, and other relief. You also face mandatory detention in many cases. An immigration attorney can advise you on your legal options and help you prepare for removal proceedings.
How does the categorical approach affect whether a state conviction is an aggravated felony?
The categorical approach is a legal method used to determine whether a state conviction qualifies as an aggravated felony under federal immigration law. Courts compare the statutory elements of the state offense with the federal immigration definition. The modified categorical approach allows courts to look at charging documents and plea agreements when the state statute is broader than the federal definition. This analysis is complex and requires careful legal review of both state and federal law.