Fernandez-Ruiz v. Gonzales, ___ F.3d ___ (9th Cir. October 26, 2006)(en banc) (Arizona conviction of domestic violence assault, in violation of Ariz. Rev. Stats. 13-1203(A)(1), 13-601 ["[i]ntentionally, knowingly, or recklessly causing any physical injury to another"], did not constitute a crime of violence under 18 U.S.C. 16(a), and is therefore not a domestic violence conviction, within the meaning of INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i), for immigration purposes, because the relevant Arizona statute permits conviction when a defendant recklessly [i.e., with awareness and conscious disregard of a risk], but unintentionally causes physical injury to another, and because the petitioner's documents of conviction do not prove he intentionally used force against another), following Lara-Cazares v. Gonzales, 308 F.3d 1217 (9th Cir. 2005) (gross negligence insufficient to constitute crime of violence), and overruling United States v. Ceron-Sanchez, 222 F.3d 1169 (9th Cir. 2000); Park v. INS, 252 F.3d 1018, 1024-1025 (9th Cir. 2001).

jurisdiction: 
Ninth Circuit

 

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