Garcia v. Gonzales, ___ F.3d ___, 2006 WL 2061819 (4th Cir. Jul. 26, 2006) (BIA interpretation of the "substantial risk" requirement in 18 U.S.C. 16(b), looking to whether "by its nature, the offense involves that in the course of committing it the offender will intrinsically employ power, violence, or pressure against a person or thing" is foreclosed by Leocal v. Ashcroft, 543 U.S. 1, 10 (2004) (footnote omitted) (italics in original), which held in order for there to be a crime of violence sufficient to trigger deportation, "[t]he reckless disregard [requirement] in 16 [must], relate not to the general conduct or to the possibility that harm will result from a persons conduct, but to the risk that the use of physical force against another might be required in committing a crime.").

jurisdiction: 
Fourth Circuit

 

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