Lara-Cazares v. Gonzales, ___ F.3d ___ (9th Cir. May 23, 2005) (California conviction of gross vehicular manslaughter while intoxicated, in violation of Penal Code 191.5(a), which can be committed by gross negligence, does not qualify as a crime of violence within the meaning of 18 U.S.C. 16, and so does not constitute a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for immigration purposes, even if a sentence of one year or more has been imposed, holding that gross negligence is not the same as recklessness), disapproving Park v. INS, 252 F.3d 1018 (9th Cir. 2001), and cases therein cited as no longer good law in light of Leocal v Ashcroft, 125 S.Ct. 377 (2004).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371568p.pdf      This decision calls into question the sufficiency of criminal negligence, gross negligence, and even recklessness as sufficient mens rea to constitute an aggravated felony crime of violence. Among the decisions whose validity should now be reexamined, in addition to Park, are United States v. Springfield, 829 F.2d 860 (9th Cir. 1987) and United States v. Ceron-Sanchez, 222 F.3d 1169 (9th Cir. 2004), and several BIA decisions relying on them, including Matter of Alcantar, 20 I. & N. Dec. 801 (BIA 1994), and Matter of Martin, 23 I. & N. Dec. 491 (BIA 2002).       Thanks to Lory Rosenberg for this suggestion.