18 U.S.C. § 1546(a) Held to Be Aggravated Felony

Adewuyu v. Holder, 2013 WL 310205 (1/28/13) (unpub'd) - A conviction for violating 18 U.S.C. § 1546(a), which prohibits use of a fraudulent document as evidence of authorized stay or employment in the U.S., was for an aggravated felony, even if the underlying facts---possession of a fake driver's license---indicate the defendant should have been convicted of violating 18 U.S.C. § 1546(b), which prohibits using a fraudulent means of identification, which might not be an aggravated felony. A challenge to an alien's criminal conviction is beyond the scope of removal proceedings. The petitioner did not qualify for the exception from aggravated felony treatment where the alien shows he committed the offense to assist a spouse, child or parent in violating a provision of the immigration law. Here the alien only used the ID to get a job to financially support his family, not to violate the immigration law. So, an alien is better off using a fake ID to help a family member illegally enter the country rather than using it to prevent a family member from starving.