The Second Circuit has determined that a New York conviction for bail jumping is a failure to appear related aggravated felony.
"To determine whether a conviction for failure to appear is an aggravated felony, we must consider whether the statute of conviction satisfies the elements listed in § 1101(a)(43)(T), which requires (1) a “failure to appear” (2) “before a court” (3) “pursuant to a court order” (4) “to answer to or dispose of a charge of a felony” (5) “for which a sentence of 2 years’ imprisonment or more may be imposed. Perez’s conviction, under N.Y.P.L. § 215.57, satisfies the first four elements of § 1101(a)(43)(T) on its face. The fifth element is also satisfied. Considering the statutory scheme as a whole, we conclude that subsection (T)’s sentence requirement relates to the failure to appear and not, as the government suggests, to the sentence imposed on a petitioner’s underlying felony." Because NY bail jumping can be punished by 7 years of incarceration, it qualifies as an aggravated felony.
The full text of Perez Henriquez v. Sessions can be found here: