Sec. 3305. Definition of aggravated felony

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Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ), as amended by this title, is further amended— by striking The term and inserting aggravated felony means— Notwithstanding any other provision of law, the term ; aggravated felony applies to an offense described in this paragraph, whether in violation of Federal or State law, or in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years, even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements and regardless of whether the conviction was entered before, on, or after September 30, 1996, and means— in subparagraph (A), by striking murder, rape, or sexual abuse of a minor; and inserting an offense relating to murder, manslaughter, homicide, rape (whether the victim was conscious or unconscious), statutory rape, or any offense of a sexual nature involving a victim under the age of 18 years; ; in subparagraph (B)— by inserting an offense relating to before illicit trafficking ; and by inserting before the semicolon at the end the following: and any offense under State law relating to a controlled substance (as so classified under State law) which is classified as a felony in that State, regardless of whether the substance is classified as a controlled substance under section 102 of the Controlled Substances Act ( ; 8 U.S.C. 802 ) in subparagraph (C), by inserting an offense relating to before illicit trafficking in firearms ; in subparagraph (I), by striking or 2252 and inserting 2252, or 2252A ; in subparagraph (F), by striking for which the term of imprisonment is at least one year; and inserting , including offenses of assault and battery under State or Federal law, for which the term of imprisonment is at least one year, except that if the conviction records do not conclusively establish whether a crime constitutes a crime of violence, the Attorney General or the Secretary of Homeland Security, as appropriate, may consider other evidence related to the conviction that establishes that the conduct for which the alien was engaged constitutes a crime of violence; ; by striking subparagraph

(G)and inserting the following: an offense relating to a theft under State or Federal law (including theft by deceit, theft by fraud, and receipt of stolen property) regardless of whether any taking was temporary or permanent, or burglary offense under State or Federal law for which the term of imprisonment is at least one year, except that if the conviction records do not conclusively establish whether a crime constitutes a theft or burglary offense, the Attorney General or Secretary of Homeland Security, as appropriate, may consider other evidence related to the conviction that establishes that the conduct for which the alien was engaged constitutes a theft or burglary offense; ; in subparagraph (N)— by striking paragraph (1)(A) or

(2)of ; and by inserting a semicolon at the end; in subparagraph (O), by striking section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph and inserting section 275 or 276 for which the term of imprisonment is at least 1 year ; in subparagraph (P)— by striking

(i)which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and

(ii)and inserting which is described in any section of ; and chapter 75 of title 18, United States Code, and by striking , except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act ; in subparagraph (U), by striking an attempt or conspiracy to commit an offense described in this paragraph and inserting attempting or conspiring to commit an offense described in this paragraph, or aiding, abetting, counseling, procuring, commanding, inducing, or soliciting the commission of such an offense ; and by striking the undesignated matter following subparagraph (U). The amendments made by subsection (a)— shall take effect on the date of the enactment of this Act; and shall apply to any act or conviction that occurred before, on, or after such date. The amendments to section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009–627) shall continue to apply, whether the conviction was entered before, on, or after September 30, 1996.

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