Malta-Espinoza v. Gonzales, ___ F.3d ___, 2007 WL 624532 (9th Cir. March 2, 2007) (California conviction of stalking [harassing or following with threats], in violation of Penal Code 646.9, did not constitute an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), as defined by 18 U.S.C. 16(b), because the full range of conduct forbidden by the harassment portion of the statute does not constitute a crime of violence since "some stalking crimes [those committed at a distance by telephone or mail] include no substantial risk of violence").
jurisdiction:
Ninth Circuit