Garcia v. Gonzales, ___ F.3d ___, 2006 WL 2061819 (4th Cir. Jul. 26, 2006) (New York conviction of second-degree assault, in violation of N.Y. Penal Law 120.05 ["recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument"], does not constitute a "crime of violence" under 18 U.S.C. 16(b), and thus is not an aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since recklessness, like negligence, is not enough to support a determination that a crime is a "crime of violence"), following Bejarano-Urrutia v. Gonzales, 413 F.3d 444, 447 (4th Cir. 2005) (such a violation did not qualify as a "crime of violence" because "[a]lthough the crime of violating Va. Code Ann. 18.2-36 intrinsically involves a substantial risk that the defendants actions will cause physical harm, it does not intrinsically involve a substantial risk that force will be applied as a means to an end.").