Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Aggravated Felonies and Deportation
Under INA §101(a)(43), “aggravated felony” is a term of art that includes many offenses that are misdemeanors under state law. A conviction for an aggravated felony makes a person deportable, bars most forms of relief from removal (including cancellation of removal and voluntary departure), and carries a permanent bar on re-admission to the United States.
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Is theft an aggravated felony?
A theft offense with a sentence of one year or more (including a suspended sentence) is classified as an aggravated felony under immigration law, even if it is a misdemeanor under state law.
Can an aggravated felony conviction be fought in immigration court?
You can challenge whether the conviction actually qualifies as an aggravated felony using the categorical approach, and you may be able to seek post-conviction relief to vacate the conviction.
What relief is available after an aggravated felony?
Very limited. Asylum, withholding of removal (with restrictions), and Convention Against Torture protection may still be available. Cancellation of removal is barred.
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