Matter of Garza-Olivares , 26 I&N Dec. 736 (BIA 2016)
In assessing whether an offense qualifies as an aggravated felony under section
101(a)(43)(T) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(T) (2012),
the categorical approach applies to decide if the offense relates to an alien’s failure to
appear before a court, but the circumstance-specific approach applies to determine if the
failure to appear was (1) pursuant to a court order (2) to answer to or dispose of a charge
of a felony (3) for which a sentence of 2 years’ imprisonment or more may be imposed.
In assessing whether an offense qualifies as an aggravated felony under section
101(a)(43)(T) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(T) (2012),
the categorical approach applies to decide if the offense relates to an alien’s failure to
appear before a court, but the circumstance-specific approach applies to determine if the
failure to appear was (1) pursuant to a court order (2) to answer to or dispose of a charge
of a felony (3) for which a sentence of 2 years’ imprisonment or more may be imposed.
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