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 defendant's actions will cause physical harm,
it does not intrinsically involve a substantial risk that
force will be applied 'as a means to an end.'").